[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 27,
Arts. I, II, III and IV, of the 1984 Code. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Property Maintenance Law of the Village of Waterloo, New York."
The purpose of this chapter is not only to protect
the health, safety and welfare of the inhabitants of the Village but
also to protect the property value of adjoining property owners whose
property value may decline due to the failure of any property owner
to properly care for his or her property.
Every dwelling and every structure shall be
kept in good condition and repair by the owner or agent and fit for
human habitation, if a dwelling, and if some other structure in such
a condition that it will not likely injure or damage persons or property
of others. All exterior surfaces shall be protected from the elements
and decay by painting or other approved protective covering. The roof
and sides, doors and windows of dwellings and structures shall be
maintained so as not to leak, and rainwater shall be collected so
as not to cause dampness, decay and deterioration in the walls and
ceilings. All grounds and areas around dwellings and structures shall
be maintained in a neat and orderly manner, and all rubbish and debris
shall be removed. Whenever a building is removed or destroyed by fire
beyond repair, the rubble and debris shall be removed.
[Amended 7-12-1999 by L.L. No. 3-1999; 1-8-2001 by L.L. No. 1-2001]
A.
The Zoning Officer of the Village of Waterloo shall be the enforcement officer of this chapter. Whenever the Zoning Officer has reason to believe that there is a violation of § 178-3, the Zoning Officer shall make an investigation and shall issue a notice of such violation.
B.
Such notice of violation shall be in writing and shall
specify with particularity the facts constituting the violation.
C.
Such notice of violation shall be served upon the
owner(s) of the property by mailing a copy thereof to said owner(s)
at their address(es) as such address(es) appear on the latest, completed
assessment roll prepared pursuant to the Real Property Tax Law by
the Assessor of the town in which said property is located.
D.
Service of said notice of violation shall be deemed
completed upon the date of the mailing thereof by the Zoning Officer.
E.
Failure of the owner(s) to cure said violation within
30 days following the date upon which said notice of violation is
mailed shall be deemed a violation of this chapter. Each week said
violation of this chapter continues shall be deemed a separate and
distinct violation.
A.
Generally. No owner or occupant of any real property
located within the Village of Waterloo shall allow such real property
to become overgrown with brush, grass or weeds or allow the unlawful
accumulation on such property of rubbish or trash.
B.
Duty of owner or occupant. It shall be the duty of
the owner or occupant of any real property located within the Village
of Waterloo to cut, trim and remove any such brush, grass or weeds
thereon and to remove from such real property any accumulation of
rubbish or trash thereon.
C.
Failure of owner or occupant to comply; enforcement procedures. In case the owner or occupant of real property located within the Village of Waterloo shall fail to comply with Subsections A and B of this section, the Village Clerk-Treasurer, upon direction of the Board of Trustees, shall cause to be served upon such owner or occupant, by mail, a written notice requiring such owner or occupant to comply with the provisions of this section.
(1)
If such owner or occupant fails, neglects or refuses
to so comply within five days after service of such notice, the Superintendent
of Public Works shall cause the cutting and/or removal of the brush,
grass or weeds or rubbish and trash. In any such case, the owner or
occupant of such real property shall pay to the Village a fee of $150
for the first occurrence, $250 for the second occurrence and $400
for each occurrence thereafter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Upon failure of such owner or occupant to pay such
costs, the Superintendent of Public Works shall report the same to
the Board of Trustees, which shall certify such costs to the Assessor,
and thereupon such costs shall become a lien upon the real property
involved and shall be added to and become a part of the taxes next
to be assessed and levied upon such real property and shall bear interest
at the same rate as, and be collected and enforced in the same manner
as, general Village taxes.
No person shall make or cause to be made any
excavation on any private property within the Village which shall
remain unfilled for more than 30 days unless during such thirty-day
period work or construction is being accomplished in and around such
excavation.
A.
Safeguards. Any person making an excavation shall
provide such safeguards, warnings and barriers as may be reasonably
necessary to protect the public.
B.
Failure to fill in excavations; procedures. In case
any person shall fail to comply with any of the provisions of this
section, the Village Clerk-Treasurer, upon direction of the Board
of Trustees, shall cause to be served upon such owner or occupant,
by mail, a written notice requiring such owner or occupant to comply
with the provisions of this section.
(1)
If such owner or occupant fails, neglects or refuses
to so comply within five days after service of such notice, the Superintendent
of Public Works shall cause the excavation to be filled or perform
such other work as may be reasonably necessary to protect the public.
In any such case, the owner or occupant of such real property shall
pay to the Village all costs in connection with such excavation, together
with a service charge of 50% thereof to cover supervision and administration,
within 30 days after completion thereof.
(2)
Upon failure of such owner or occupant to pay such
costs, the Village Clerk-Treasurer shall report the same to the Board
of Trustees, which shall certify such costs to the Assessor, and thereupon
such costs shall become a lien upon the real property involved and
shall be added to and become a part of the taxes next to be assessed
and levied upon such real property and shall bear interest at the
same rate as, and be collected and enforced in the same manner as,
general Village taxes.
[Amended 1-8-2001 by L.L. No. 1-2001]
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine of not less than $150 nor more than $250.
