Definitions. As used in this section, the following terms shall have
the meanings indicated:
BUILDING
Includes any building, structure or portion thereof used
for residential, business, agricultural, industrial or other use.
DEBRIS
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads, as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
storm-related cleanup. Such materials shall include, but not be limited
to, bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation,
roofing shingles, asphalt pavement, glass, window frames, electrical
wiring and components, plastics, carpeting, foam padding, linoleum
or vinyl flooring, metals or combinations thereof which are incidental
to construction, excavation, renovation, equipping, remodeling, repair
or demolition. Notwithstanding the foregoing, materials that are being
used on the owner's premises for an ongoing improvement for which
a building permit is in effect shall not be deemed to be "debris,"
provided that, if stored outside, they are covered by tarps or the
equivalent to protect the materials from the weather.
GARBAGE
Includes all putrescible animal and vegetable waste resulting
from the growing, processing, marketing and preparation of food items,
including containers in which packaged, and animal feces from household
pets.
JUNKED MOTOR VEHICLE
Includes a motor vehicle which is wrecked, abandoned, dismantled
or partially dismantled and which is in such a deteriorated condition
that it cannot be legally operated upon the public highways without
substantial repairs. With respect to any motor vehicle not required
to be licensed or motor vehicles not usually used on public highways,
the fact that such motor vehicle has remained unused for six months
or more and is not in condition to be moved under its own power shall
be presumptive evidence that such motor vehicle is a junked motor
vehicle.
SOLID WASTE
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
UNSAFE BUILDINGS AND STRUCTURES
(1)
Buildings or other structures which have any of the following
defects:
(a)
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(b)
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of nonsupporting enclosing or outside walls
or covering.
(c)
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(d)
Those which have been damaged by fire, wind, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village of Webster.
(e)
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
(f)
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
(g)
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency or those having insufficient
stairways, elevators, fire escapes or other means of escape.
(h)
Those which have parts thereof which are so attached that they
may fall and injure persons on the property or members of the general
public or cause damage to other property.
(i)
Those buildings and structures which violate the provisions
of the New York State Uniform Fire Prevention and Building Code, the
Zoning Law of the Village of Webster, the Property Maintenance Code
of New York State, the Building Code of New York State, the Fire Code
of New York State, the Residential Code of New York State, the Plumbing
Code of New York State, the Mechanical Code of New York State, the
Energy Code of New York State and any other applicable laws of the
State of New York, County of Monroe or Village of Webster.
(j)
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
(2)
This Code provision shall be applicable to all properties in
the Village of Webster, whether existing at the time of the adoption
of this provision or constructed thereafter.
UNSAFE PROPERTY
Includes a property upon which debris, garbage, junked motor
vehicles, rubbish and/or solid waste have been allowed to accumulate
to the extent that their presence constitutes a hazard to public health
by creating a hazardous condition for those persons entering onto
the property whether by invitation or in response to emergency calls,
provides a habitat for rats and other undesirable animals or creates
an eyesore to the community.