[HISTORY: Adopted by the Town Board of the Town of New Hartford 7-11-2012 by L.L. No.
6-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 86.
[1]
Editor's Note: This local law also repealed former Ch.
94, Property Maintenance, adopted 9-21-1994 by L.L. No. 8-1994, as
amended.
It is hereby declared to be the purpose of this chapter to protect the public safety, health and welfare of, and enhance the environment for, the people of the Town by making it unlawful for property owners and occupants to allow an environmental public nuisance or any public nuisance, as defined in Chapter 86 of the Town of New Hartford Code, to exist.
A.
The word "shall" is always mandatory and not merely directory.
B.
AUTHORIZED INDIVIDUAL
ENVIRONMENTAL PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
EQUIPMENT
EXCLUDED PROPERTY
(1)
(2)
(3)
(4)
(5)
GOVERNMENTAL PROPERTY
OCCUPANT
OWNER
PRIVATE PROPERTY
RECIPIENT
REPEAT VIOLATION
As used in this chapter, the following terms shall have the meanings
ascribed to them in this section:
The Director of the Department of Codes Enforcement or one
of his or her designees.
Vegetation on private or governmental property that is abandoned,
neglected, disregarded or not cut, mown, or otherwise removed and
that has attained a height of 10 inches or more;
Vegetation, trees or woody growth on private property that,
due to its proximity to any governmental property, right-of-way or
easement, interferes with the public safety or lawful use of the governmental
property, right-of-way or easement or that has been allowed to become
a health or safety hazard;
A drainage or stormwater management facility, as defined in Chapter 101 of the Town of New Hartford Code, on private or governmental property, which facility has not been maintained as required by that chapter;
Property that has accumulated litter or waste products, unless
specifically authorized under existing laws and regulations, or that
has otherwise been allowed to become a health or safety hazard; or
Any property that constitutes a threat to the health, safety and general welfare of the residents of the Town of New Hartford or represents a public nuisance as defined in Chapter 86 of the Town of New Hartford Code.
Such equipment as trucks, tractors, bulldozers and similar
motor vehicles, and hand-operated equipment such as weed trimmers
and similar equipment.
Cultivated land in commercial, domestic, agricultural or horticultural
use;
An existing natural or developed forest that does not create
a health or safety hazard;
Vacant, open lands, fields or wooded areas more than 150 feet
from a structure;
A nature habitat area more than 150 feet from a structure on
adjacent property and determined by state and/or local governmental
health authorities not to be a health or safety hazard;
A wetland area designated by the United States Department of
Interior, Fish and Wildlife Service, on a National Wetlands Inventory
Map and/or determined to be a wetland area by the Department of Public
Works.
Real estate that is owned, leased, controlled or occupied
by the United States, the State of New York, or any political subdivision
thereof.
The person, firm, partnership, association, corporation,
business trust, joint-stock company, unincorporated organization,
religious or charitable organization, or entity who is from time to
time in possession of, or exercising dominion and control over, the
real estate or any house or other structure located thereon. "Occupant"
shall include any lessee of the property.
The record owner or owners as reflected by the most current
records in the County Assessor's office.
All real estate within the Town except governmental property.
The owner or occupant to whom a notice of violation has been
directed.
Occurs when a property owner or occupant who has previously
been issued a notice of a similar environmental public nuisance for
the same property, or who has been found by a hearing or judicial
officer to have allowed a similar environmental public nuisance to
exist at the same property, allows a subsequent similar environmental
public nuisance to exist at that property, within 18 months of the
date of the previous notice or finding of violation, whichever is
later. A repeat violation does not occur when multiple violations
of Subsection (4) of the definition of "environmental public nuisance"
are alleged and:
A.
Each department or agency of the United States, the State of New
York, or any political subdivision thereof, shall be required to keep
governmental property within the Town free from environmental public
nuisances.
B.
All owners, occupants, or other persons in control of any private
property within the Town shall be required to keep the private property
free from environmental nuisances.
It shall be unlawful for any property owner or occupant to allow
an environmental public nuisance to exist. This provision shall not
apply to excluded property.
A.
Any department of the Town that receives a complaint regarding an environmental public nuisance on any property within the Town shall forward that complaint to the Department of Codes Enforcement, which shall make a record of such complaint. An authorized individual shall visually inspect the property in question. If the authorized individual determines that a violation exists, the Department shall issue a notice of violation to the owner, if the Town intends to proceed under the provisions of § 94-7 of this chapter, and, in the Department's sole discretion, to the occupant. A notice of violation issued for vegetation of a height of 10 inches or more remains in effect for the calendar year in which it is issued if the Town abates the environmental public nuisance under the provisions of § 94-7 of this chapter. After such abatement by the Town, without issuance of further notice, the Town may continue to reinspect the subject property and may abate subsequent violations of vegetation of a height of 10 inches or more and may recover its abatement costs under this chapter.
B.
A notice of violation, as described in Subsection A, shall be issued either by personal service or by first-class United States Mail, postage prepaid. Such notice shall state the nature of the alleged environmental public nuisance and the action deemed necessary to correct the condition and shall fix a date, not sooner than five days from the date of the notice for vegetation of a height of 10 inches or more, and not sooner than 10 days from the date of the notice for all other violations under this chapter, when the property will be reinspected. The notice shall inform the recipient that, if the condition is not corrected upon reinspection, the Town has the right to enter on the property to abate or correct the condition and bill the recipient for costs incurred in so doing. A notice to the occupant at the real estate or to the owner at the address to which property tax statements are sent, as these addresses are shown by the most current records in the County Assessor's office, shall be sufficient notice under this subsection.
If, upon reinspection, it is determined that the environmental public nuisance has been corrected, the recipient shall not be liable for any charges under § 94-7B(1) of this chapter.
A.
Abatement by Town. If, upon reinspection, it is determined by the
authorized individual that abatement has not occurred, or if vegetation
of a height of 10 inches or more is present on a property in the same
calendar year in which the Town previously abated a violation of a
similar nature on that property, then the Director of the Department
of Codes Enforcement, or his or her designee, may enter upon the premises
and order that the environmental public nuisance be abated. The recipient
shall be liable for the costs of abatement. After abatement is completed,
the Department shall, either by personal service or first-class United
States Mail, postage prepaid, send the recipient a bill for the costs
of abatement.
B.
Responsibility of occupant or owner for costs of abatement.
(1)
Abatement costs. As reimbursement to the Department of Codes Enforcement
for its costs, the recipient shall, within 10 days of the date of
the bill, pay to the Department the following fees and charges:
(a)
An administrative fee of $250, for such administrative tasks
as inspecting the property to determine compliance, determining ownership
and preparing and mailing notices;
(b)
Any disposal fees actually incurred to dispose of litter and
waste products removed;
(c)
Any other reasonable fees actually incurred in abating an environmental
nuisance; and
(d)
Administrative, labor and equipment fees may be changed or established
by regulation of the Department of Codes Enforcement as necessary
to assure that such fees are adequate to reimburse the Department.
(2)
Unpaid costs become lien upon affected property; perfecting of lien.
Upon the failure of the owner who was sent a bill to pay the appropriate
fees and charges within the ten-day time period, the Department of
Codes Enforcement shall have a lien upon the property on which the
environmental public nuisance was abated for the amount billed in
accordance with the fee schedule listed above. In addition, there
will be a charge of $25 for services necessary in order to perfect
such lien. Such liens may be perfected in the following manner:
(a)
By the adoption by the Codes Enforcement, at any regular or
special meeting thereof, of an assessment resolution, which shall
give the name of the owner or owners, a description of the property
on which the environmental public nuisance was abated, and the amount
of the charges being assessed;
(b)
The certification of such assessment resolution to the County
Auditor, who by special assessment shall cause the amount thereof
to be placed on a tax duplicate for the property on which the environmental
public nuisance was abated for collection as in the nature of a real
property tax; and
(c)
Upon receipt of a written verified request from the purchaser,
the Department shall release liens perfected after the recorded date
of conveyance of the property. The request must state that the purchaser
was not an owner or occupant of the property at the time of the notice
of violation or at the time of the Town's abatement without notice
of a subsequent violation of a similar nature in a calendar year as
provided in this chapter, had no knowledge of the notice of violation
and has not been paid by the seller for the costs of abatement billed.
(3)
Civil action to recover costs of abatement. Upon the failure of the
recipient who was sent the notice of violation and the bill to pay
the appropriate fees and charges within the ten-day period, the Department
of Codes Enforcement may bring a civil action in court against such
recipient to recover the amount billed, plus reasonable attorney's
fees.
A.
In addition to or in lieu of the foregoing, if, upon inspection, it is determined by the authorized individual that a public nuisance exists, the Department of Codes Enforcement may initiate a civil court action or an administrative adjudication for violation of this chapter against the owner or occupant of the property. A court action shall be initiated in accordance with the Town of New Hartford Code §§ 94-5 and 65-17B.
B.
Regardless of whether later abatement by the recipient has occurred,
the Department may initiate an administrative adjudication or a civil
court action for any violation of this chapter.
Penalties shall be assigned in accordance with the Town of New Hartford Code § 118-80.
The Town Board of the Town of New Hartford releases any liens
for abatement costs, or judgment liens for any other amount due pursuant
to this chapter, if it finds that the benefit to the Town outweighs
the detriment caused by such a release. The Board may require parties
affected by the release to agree to whatever conditions the board
deems appropriate; provided, however, that all conditions shall be
set forth in a conditional release of the lien and shall be recorded
in the office of the County Recorder. If the Board finds that an affected
party has failed to comply substantially with the conditions imposed
by the Board, the release shall be void and the lien affecting the
property may be reinstated by the Board.
In the event that any section, subsection, clause, phrase, or
portion of this chapter is for any reason held illegal, invalid, or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remainder of this
chapter. It is the legislative intent of the Board that this chapter
would have been adopted if such illegal provision had not been included
or any illegal application had not been made.