[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 1-28-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
Whatever is dangerous to human life or health; whatever building
or part or cellar thereof is overcrowded or not provided with adequate
means of egress, or is not sufficiently supported, ventilated, sewered,
drained, lighted or cleaned; and whatever renders soil, air, water
or food impure or unwholesome is declared to be a nuisance and to
be illegal; and every person having aided in creating or contributing
to the same, or who may support, continue or retain any of them, shall
be deemed guilty of a violation of this chapter and shall also be
liable for the expenses of the abatement or remedy required.
No person shall cause or allow emissions of air contaminants
to the outdoor atmosphere of such quantity, characteristic or duration
which are injurious to human, plant or animal life or to property,
or which unreasonably interferes with the comfortable enjoyment of
life or property. Notwithstanding the existence of specific air quality
standards or emission limits, this prohibition applies, but is not
limited to, any particulate, fume, gas, mist, odor, smoke, vapor,
pollen, toxic or deleterious emission, either alone or in combination
with others.
Any wood stove, hot air or boiler stack must be at least two
feet above the highest point of the roofline of the structure, or
it must (in the event it protrudes from a lower roof of any structure
or outside stove) be at least two feet above any higher part of the
structure which is within 50 feet of the stack.
[Amended 7-28-2021 by L.L. No. 6-2021]
The owner or occupant of all property within the Village shall
abide by the following: all premises and immediate exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall
be defined as all grasses, annual plants and vegetation, other than
trees or shrubs; provided, however, this term shall not include cultivated
flowers and gardens. Property owners or occupants will receive a thirty-day
violation notice for each offence. Failure to comply with each notice
will result in a charge for mowing said property at a rate of $175
for equipment setup and $200 per hour to mow.
Swill, brine, urine of animals or any stinking, noxious or offensive
liquid of any kind, or any foul, filthy matter whatever, shall not
be allowed to drip, run or fall from or out of any building, structure
or vehicle into or upon any street, land or public place.
The owner, owners, tenants, lessees and/or occupants of any
lot within the corporate limits of the Village of Malone upon which
such storage is made, and also the owner, owners and/or lessees of
said personalty involved in such storage (all of whom are hereinafter
referred to collectively as "owners") shall jointly and severally
abate said nuisance by the prompt removal of said personalty into
completely enclosed buildings authorized to be used for such storage
purposes if within the corporate limits of the Village of Malone,
or otherwise remove it to a location without said corporate limits.
[Amended 7-28-2021 by L.L. No. 7-2021]
Any person who shall violate any of the provisions of this chapter (excluding § 33A-4, which carries its own penalties) shall be punishable by a fine of not more than $50, and every such violation shall constitute disorderly conduct. If such offending person shall have received notice to abate any nuisance and shall neglect to do so, the continuance of the same each day after notice shall constitute a separate violation of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
