[HISTORY: Adopted by the Town Board of the Town of Martinsburg 12-21-2011 by L.L. No.
1-2011. Amendments noted where applicable.]
The Town Board of the Town of Martinsburg has determined that
in order to preserve the public safety, health and welfare and protect
property values within the Town of Martinsburg, it is necessary to
provide certain standards for property maintenance and a mechanism
by which to assure that private properties are maintained in a safe,
healthy and aesthetically pleasing manner. Accordingly, the Town Board
of the Town of Martinsburg hereby adopts this chapter to provide for
proper property maintenance on private properties within the Town
of Martinsburg.
As used in this chapter, the following terms shall have the
meanings indicated:
A building or combination of buildings and structures and
the lot on which it is located used wholly or in part for commercial
purposes, including but not limited to offices, places of public assembly,
shopping centers, supermarkets, retail stores, warehouses, manufacturing
or fabrication plants, gasoline stations and other business uses.
A building or combination of buildings and the lot on which
it is located, used wholly or in part for retail or wholesale distribution
of products or services.
A putrescible or decayable waste, except sewage and body
waste, including vegetable and animal offal and carcasses of dead
animals, including all substances accumulated on or removed from public
and private establishments and properties, including residences.
A building or combination of buildings and structures and
the lot on which it is located used wholly or in part for manufacturing,
fabricating, processing of goods to make such goods ready for distribution.
Garbage and rubbish as herein defined and all other waste
material which if thrown or deposited tends to create a danger to
public health, safety and welfare or spoils the natural beauty of
a lot.
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon.
A one-, two- or multiple-family building or structure and
the lot on which it is located, whose purpose is principally to house
or occupy families or individuals.
Generally dry material produced routinely by household, commercial
or industrial establishments such as paper, cans, bottles, containers,
ashes, parts of equipment, motor vehicles, unusable furniture and
other such similar items, including bushes, branches, Christmas trees
and discarded household appliances or equipment and materials from
building demolition and construction waste.
An open space on any lot, whether occupied or not.
A.
No owner or occupant of a lot shall allow garbage, litter or rubbish
to accumulate upon such lot for a period in excess of one week. Garbage,
litter or rubbish which is stored in receptacles or containers which
do not permit access by animals shall be permitted, provided that
the owner or occupant of the lot has made arrangements for regular
removal of all garbage, rubbish and litter contained in those receptacles
on at least a biweekly basis.
B.
Any lumber, building materials, equipment or parts of equipment being
stored by an owner and occupant of a lot shall be stored in a neat
and orderly fashion.
C.
No owner or occupant of a lot shall permit any diseased, dead or
dangerous tree or portion thereof which constitutes a hazard to public
areas, such as roads and sidewalks, to remain. Each owner shall be
required to make arrangements for the removal of all such dangerous
trees and/or limbs.
A.
No owner or occupant of a lot or building shall allow any building
or part of a building to have improperly or unsecured objects or materials
about it, which objects or materials could fall or be blown from the
building into any public area.
B.
No owner or occupant of a lot or building shall allow a building
or structure to be maintained with graffiti or other defacing materials
on it and shall promptly remove such graffiti or other defacing materials
from the building or structure.
C.
Within the hamlet areas of the Town, no owner or occupant of a lot
or building shall allow any fence, shed or other accessory building
or structure to be in a state of disrepair and shall either remove
or repair such accessory building or structure within a reasonable
time after notice from the Town to do so.
[Amended 8-21-2013 by L.L. No. 2-2013]
Owners of any lot or building shall be responsible for any violation
which occurs on that lot, whether or not that owner actually occupies
the lot or building. In addition to the responsibilities of owners,
any occupant of a lot or building may also be responsible for the
condition of that lot and subject to the penalties of this chapter.
[Amended 8-21-2013 by L.L. No. 2-2013]
The Code Enforcement Officer is hereby empowered to enforce
this chapter. He or she shall be responsible for the initial determination
whether a condition is hazardous or unsafe.
A.
Notice of violation.
(1)
The Code Enforcement Officer shall give notice to any owner or occupant
of a lot or building of any violation of this chapter. Such notice
shall specify the nature of the violation and the action needed to
correct the violation and shall state a reasonable period of time
in which to do so. The notice shall further state that in the event
that the owner does not correct the condition within the specified
time, other enforcement action will be taken in accordance with this
chapter.
(2)
In the event that the owner or occupant of the lot does not comply
with the violation notice within the time set by the Code Enforcement
Officer, the Code Enforcement Officer shall report the same to the
Town Board. The Town Board shall, except in the event of an emergency,
thereupon direct that a notice be served upon the occupant stating
that if the condition is not remedied within an additional 30 days,
as established by the Town Board, that the Town Board shall seek further
enforcement under this chapter, which enforcement may include one
or more of the following. To select this option, the Town Board must
first give the appropriate individual notice that it will conduct
an evidentiary hearing before the Town Board to determine if a violation
exists. Notice of such hearing shall be provided to the appropriate
individual either personally or by certified mail to that person's
last known address at least 10 days before the hearing and posting
of the notice on that premises. Such notice shall advise the date,
time and place of the hearing, the right to examine and cross examine
the evidence and witnesses presented, the right to present evidence
and witnesses in their defense and their right to be represented by
an attorney.
(3)
In the event of an emergency, the Town Board, upon determining that
such emergency exists, may take immediate corrective action without
further notice to the owners or occupants.
B.
Penalties for offenses. Any person, firm or corporation which shall
be found to be in violation of the provisions of this chapter shall
be guilty of an offense which shall be punishable by a fine of not
less than $100 nor more than $250 or by imprisonment for a period
of not more than 15 days, or both such fine and imprisonment. Each
week of continued violation shall be considered a separate offense.
C.
In addition to any other penalties imposed hereunder, the Town Board
may assess all costs and expenses incurred by the Town in connection
with proceedings to remedy property maintenance issues on private
property including the costs of actually removing garbage, debris
or other materials in violation of the law and to collect the same
as a special assessment on the next Town tax bill.
[Added 12-18-2013 by L.L.
No. 4-2013]
