All premises within the City of Fulton shall be maintained in conformity with the provisions of this chapter so as to assure the desirable character of the property.
A. 
Stormwater shall be properly drained to prevent recurrent entrance of water into any basement or cellar.
B. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
C. 
Fences, retaining walls and other minor structures shall be maintained structurally sound, in good repair and with appropriate protective coating for wood surfaces.
D. 
Steps, sidewalks, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained so as to afford safe passage under normal use and weather conditions.
E. 
Yards, courts and vacant lots shall be kept clean and free from physical hazards, accumulations of loose, illegally stored or illegally containerized trash and debris, garbage and other material which would constitute a fire hazard or act as a breeding place for vermin or insects. They shall be maintained in a manner that will prevent dust or other materials from being blown about the neighborhood.
F. 
All premises and exterior property, including the public right-of-way, shall be maintained free from weeds or grasses in excess of eight inches. All noxious weeds shall be prohibited.
[Amended 4-4-2017 by L.L. No. 3-2017]
G. 
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
H. 
Exterior property areas shall be free from conditions which might create a health, accident or fire hazard.
I. 
Exterior property areas shall be reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might cause personal injury. Walks, steps and driveways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates. Open wells, cesspools or cisterns shall be securely closed. Trees and limbs of trees that constitute a hazard shall be removed.
J. 
Sewage must be discharged into a public sewer system, except as specially permitted by the authority having jurisdiction in accordance with the New York State Public Health Law and Sanitary Code. Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial surface drainways.
K. 
All drainage from roof surfaces shall be properly drained so that such drainage is not discharged on sidewalks, stairs or neighboring property.
L. 
For protection of the general public, all permanently installed outdoor swimming pools shall be effectively fenced by an artificial enclosure not less than four feet in height. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade.
(1) 
A wall of a structure is permitted to serve as part of the enclosure under the following conditions:
(a) 
Windows in the wall shall have a latching device at least 40 inches above the floor.
(b) 
A swinging door in the wall shall be self-closing and self-latching.
(c) 
A sliding door in the wall shall have a self-latching device.
(2) 
Aboveground pools, which are self-enclosed by the exterior projection thereof, shall be deemed to satisfy the requirements of this provision, provided:
(a) 
Said enclosure is not less than four feet in height above the average adjoining grade of the ground within four feet of the enclosure.
(b) 
Any openings in the enclosure affording access to the pool shall be provided with a gate containing a self-latching device affixed in such a manner as to exclude small children.
M. 
Vacant lots shall be properly graded/seeded to prevent erosion.
N. 
Abandoned/junk vehicle(s), equipment or material(s) shall not be stored in open area(s) on the premises.
A. 
Exterior surfaces, including but not limited to foundations, roofs, floors, walls, ceilings, doors and windows of buildings and structures, shall be maintained free from deterioration, including general dilapidation or specific instances of peeling, disrepair, warping, splintering or rotting.
B. 
Exterior surfaces of buildings and structures not inherently resistant to deterioration by the natural elements shall be periodically treated by appropriate means and materials suitable for preservation of said exterior.
C. 
Graffiti shall be removed from all exterior surfaces, upon all buildings and structures and all interior surfaces in public space.
D. 
Buildings and structures shall be maintained in such condition so that they shall not become an unoccupied hazard.
E. 
The owner of a vacant building shall take such steps and perform such acts as may be required of him by the Bureau Chief from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or the public. If a board-up is required by the Director, the standards shall be:
(1) 
The first-floor front entry door to the structure shall be secured with a padlock, and any windows therein shall be boarded as hereinafter provided.
(2) 
All other doors, windows and other openings below the second-floor level shall be covered with one-half-inch CDX plywood or other CDX wood composition boards sized to fit the window or door frame, leaving a two-inch opening at the top of said opening for natural light, painted with an earth-tone exterior paint and secured to the frame of the opening with No. 8 coated nails, every 12 inches on center.
F. 
Buildings/structures shall be maintained free from trash, debris, rubbish and garbage.
A. 
Grounds, buildings and structures shall be maintained free from insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
B. 
Where the potential for rodent infestation exists, windows and other openings in basements shall be appropriately ratproofed with wire mesh or other suitable materials.
C. 
From May 1 to November 1, entrances to buildings containing food preparation areas, food service areas or any areas where products used in food for human consumption are processed, manufactured, packaged or stored shall be provided with a self-closing-type device. Windows or other openings used for ventilation shall be appropriately screened. Screens shall not be required for windows located 60 or more feet above grade, as to be free from mosquitoes, flies and other flying insects.
D. 
The exterior of every structure used for human habitation shall be so maintained as to be vermin- and rodent-free. Where rodent or vermin problems exist, all exterior windows, doors and other openings two feet above ground level and below shall be screened or protected with acceptable wire mesh or other approved material. Defects, cracks or holes shall be tightly sealed to prevent the entrance of vermin and rodents.
A. 
The exterior property area shall be kept free from organic and inorganic material that might become a health, accident or fire hazard.
B. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal or garbage and rubbish. It shall be prohibited to store or accumulate garbage or rubbish in halls or stairways. Solid waste shall be stored in regulation containers.
C. 
Solid waste shall be set out in accordance with the Code of the City of Fulton § C70.
A. 
Domestic animals and pets shall not be kept on any premises in such a manner as to create unsanitary conditions or to constitute a nuisance.
B. 
Domestic animals and pets shall be maintained in accordance with applicable regulations of the City of Fulton Code Chapter 216, Articles I and II. Unsanitary conditions, inappropriate types of pets or animals and excessive numbers of them constitute conditions which may be considered a nuisance under this section.
C. 
No person shall breed, raise, harbor or maintain any bees, poultry, chickens, turkeys, ducks, geese or other foul or any swine, horses, cows, mules, goats, sheep or any other animals within the City of Fulton except domesticated pets.
[Amended 2-20-2018 by L.L. No. 3-2018]
A. 
No owner or occupant shall use a paint containing more than 0.06 of 1% of metallic lead, based on the total nonvolatile content of the paint, on the interior of any apartment or room in any dwelling to which this chapter applies or in any location accessible to children on the interior or exterior of any said dwelling.
B. 
An owner shall be deemed in compliance with this section if he removes paint containing more than 1% of metallic lead from the aforesaid surfaces of a dwelling and recovers such surfaces with a paint containing less than 1% of metallic lead. However, an owner may cover surfaces on which paint containing more than 0.06 of 1% of metallic lead is present without removing such paint first, if the material and the method used to cover the surface are approved by the Bureau.
A. 
Unfit premises shall be any premises within the scope of this chapter having any of the following defined defects and may be designated by the Bureau Chief as unfit for human habitation or dangerous to human life or detrimental to health and may be so placarded:
(1) 
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
(2) 
The structure or premises is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
(3) 
The structure or premises, because of the location, general conditions, state of premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
(4) 
The structure, because of the failure of the owner or occupant to comply with such notice and orders issued pursuant to this chapter, is unfit for human habitation or dangerous to human life or detrimental to health.
B. 
Whenever the Bureau Chief determines that any premises are unfit for human habitation or dangerous to human life or detrimental to health as provided herein, he must include such finding within the notice and order provided for in § C152(M) of the Code of the City of Fulton, along with a statement of his intent to order the premises vacated and to placard said premises if compliance with the provisions of the notice and order has not been secured.
C. 
Whenever a notice and order as provided herein has not been complied with, the Bureau Chief may placard said premises directing the premises or any part thereof to be vacated, and the tenants affected thereby shall be notified of such designation.
D. 
Any premises ordered placarded and vacated as provided herein shall be vacated within such reasonable time as the Bureau Chief may specify in the order. No such premises shall again be used or the placard removed until written approval is secured from the Bureau Chief.
E. 
The owner of any such premises which have been designated as unfit for human habitation or dangerous to human life or detrimental to health shall make such premises safe and secure for the protection of the public.
F. 
The owner of the premises designated as unfit for human habitation may correct the violation, regardless of cost, provided that the requirements of the applicable building code are satisfied.
G. 
In the event that premises designated as unfit are reoccupied prior to the issuance of written approval for reoccupancy, after having been vacated pursuant to such order, then in such event the act or omission of the owner or person responsible therefor which caused or permitted the unfit premises to be reoccupied shall be deemed a serious violation. Such serious violation shall commence on the date the unfit premises are reoccupied and continue until a written approval for reoccupancy is issued or the unfit premises are vacated again and made secure. Each day that such violation persists shall constitute a separate serious violation.
A. 
Purpose. In the City of Fulton there are vacant structures which do not possess the protective measures normally provided by legal occupants, making such structures subject to unlawful entry, vandalism and fires. Therefore, these vacant structures present a potential health and safety hazard to the general public, immediate neighbors and residents and public employees performing municipal duties and services in the area or at the site of the vacant structure.
B. 
Owner's duties.
(1) 
Vacant buildings. It shall be the duty of every owner or person responsible for a property which has a vacant building thereon:
(a) 
To maintain the building in a safe and sanitary condition and in compliance with this chapter.
(b) 
To secure the building to prevent unauthorized entry.
(c) 
To maintain the yard free from trash, debris, high grass and overgrown weeds.
(2) 
Vacant lots. It shall be the duty of every owner or person responsible for a vacant lot to maintain the lot in a safe and sanitary condition and in compliance with this chapter. It shall also be the duty of every owner or person responsible for a vacant lot to maintain the lot free from trash, debris, high grass and overgrown weeds, except for approved designated future development sites in a wooded setting which need not be mowed.
C. 
Maintenance and securing of vacant building and clearing of vacant lots.
(1) 
Notification of owners. If the Bureau Chief determines that a vacant building or a lot is in violation of this chapter, he shall notify the owner of that determination and order the owner to maintain and secure the building or maintain or clear the lot. Notice shall be sufficient if said notice is sent to the owner by certified mail addressed to the owner's last address known to the Bureau.
(2) 
Discharge of owner's duties by City.
(a) 
If the owner or person responsible therefor fails to comply with the notice within five days after the notice is sent, the Bureau Chief may have the owner's duties discharged by City employees or contractors. It shall be the personal obligation of the owner to reimburse the City for its expenses incurred in discharging said owner's duties.
(b) 
If the owner has previously disregarded the order of the Bureau Chief and thereafter the property again is in violation of this section, the Bureau Chief may again discharge the owner's duties, at the owner's expense, without notice to the owner.
(3) 
The Bureau Chief may utilize any other remedies available to him to obtain compliance with his order.
D. 
Demolition. Whenever the Bureau Chief shall determine that a building or structure constitutes an unoccupied hazard or is unfit for human habitation or dangerous to human life or detrimental to health and after having determined that the building or structure or part of said building or structure should be demolished, he shall proceed in accordance with Chapter 262 of the Code of the City of Fulton, being the Unsafe Buildings Ordinance, and/or any other applicable state statute, local law or ordinance.
A. 
Whenever a notice and order to remove a violation, secure, vacate or demolish a building has not been complied with, the Bureau Chief may proceed to cause the violation to be removed or corrected or the structure to be demolished, repaired, altered, secured or vacated or to take such other legal action as is necessary.
B. 
The expense incurred by the City hereunder, plus 15% of such amount, shall be charged to and be paid by the person(s) responsible for such violation. The Bureau Chief shall file with the Clerk/Chamberlain a statement of the items of expense, including the surcharge authorized hereunder, and the date of execution of actions authorized thereunder. The Clerk/Chamberlain shall proceed to collect said sums owing the City in the manner provided by law.
[Amended 12-1-2009 by L.L. No. 6-2009]
C. 
Notwithstanding the aforementioned Subsections A and B above, the City Attorney on behalf of the City of Fulton may commence a special proceeding in a court of competent jurisdiction to collect the costs of demolition and other expenses incurred by the City in removing or correcting violations, including reasonable and necessary legal expenses incidental to obtaining an order to demolish, from the owner of any building, structure or lot that may now be or shall hereafter become dangerous or unsafe to the public. The provisions of Article 4 of the Civil Practice Law and Rules shall govern any special proceeding commenced under this section.
D. 
All expenses, costs and other changes incurred by the City of Fulton, including legal expenses, shall be deemed a lien against the subject real property and shall be charged as a special assessment and collected by the City in the same manner as real property taxes. All special assessments shall be imposed by resolution of the Common Council.
A. 
Whenever the Bureau Chief finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a hazard or constitutes an immediate danger to the health, safety or welfare of the occupants of a building or the public, he may, without prior notice of hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provisions of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
B. 
If the owner or person responsible for the property fails to comply with the order, and as a result it would be necessary to declare the apartment or building unfit, per § 475-55 of this chapter, the Bureau Chief may have the owner's duties discharged by private contractors. It shall be the personal obligation of the owner to reimburse the City for its expenses incurred in discharging said owner's duties. The expense incurred by the City hereunder, plus a thirty-five-percent surcharge of such amount, not to exceed $2,000, shall be charged to and paid by the owner. All expenses, costs and other charges incurred by the City of Fulton, including legal expenses, shall be deemed a lien against the subject real property. The Bureau Chief shall file with the Clerk/Chamberlain a statement of the items of expense, including the surcharge authorized hereunder, and the date of execution of actions authorized thereunder. The Clerk/Chamberlain shall proceed to collect said sums owing the City by placing expenses on the next due tax bill.
[Added 3-5-1996; amended 6-4-1996 by L.L. No. 8-1996; 12-1-2009 by L.L. No. 6-2009]
No officer, agent or employee of the City of Fulton shall be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of his duties under this chapter. The City of Fulton shall defend and indemnify the Bureau Chief and the Chief of the Fire Department or other officers of their departments specifically designated and authorized by them to make such official determination, order or action in the discharge of their duties under this chapter against any judgments or liability that may arise as a result of any such official determination, order or action made or taken by them in the discharge of their duties under this chapter.
A. 
In addition to any and all other remedies as provided in any other applicable statute, local law, ordinance or regulation, any person, owner or occupant violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $500 and/or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days. Each day such violation is committed or permitted to continue shall constitute a continuing offense and shall be punishable as a continuing offense hereunder. A separate accusatory instrument and/or complaint shall not be necessary for each day that the violation exists.
B. 
The City shall have the right to charge any person, owner or occupant violating any of the provisions of this chapter with the reasonable costs incurred by the City in investigating and administering complaint(s), processing the complaint(s), correspondence to necessary parties and all other reasonable administrative and actual costs. If an owner is responsible under this chapter, the City shall have the right to impose a special assessment against the subject property, by resolution of the Common Council, and/or file a civil judgment against any person and/or owner and/or occupant responsible for the violation, but the City shall not be able to collect more than the amount due.