[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton 9-11-1995 by L.L. No. 6-1995. Amendments noted where applicable.]
The purpose of this chapter is to prevent the gradual encroachment
of blight, deterioration, unsightliness and property devaluation and
to assure that all premises within the Village of Hilton are maintained
in a manner that, in the discretion of the Code Enforcement Officer,
will assure the safety, health and welfare of the general public.
A.
The provisions of this chapter shall apply to all buildings and premises
within the Village of Hilton as follows:
(1)
Lots, plots or parcels of land which are vacant or upon which are
occupied or vacant buildings or portions of buildings, and herein
referred to as "premises."
(2)
Buildings intended for residential use or occupancy, commercial,
industrial, institutional, storage uses, including mixed occupancy
uses, and accessory structures.
(3)
Any and all buildings or parcels which are under construction or
demolition, including buildings not completed, to the extent that
a nuisance or practice exists, or is being carried out, which, in
the opinion of the Code Enforcement Officer, is a disturbance to the
public health, safety or welfare.
B.
The provisions of this chapter shall supplement the state and local
laws, ordinances, codes and regulations. Where a provision of this
chapter is found to be in conflict with any provision of a state law,
local law, ordinance, code or regulation, the provision which is more
restrictive or which establishes the higher standard shall prevail
when legally permissible.
[Amended 10-3-2006 by L.L. No. 1-2006]
A.
Surface and subsurface water shall be appropriately drained to protect
buildings and structures, and to prevent deterioration of sidewalks
and driveways.
B.
Ground cover shall be properly established to prevent undue soil
erosion and dust due to the weather elements.
C.
All grass, weeds or other plant growth shall be cut or trimmed to
avoid the development of places for the accumulation of blowing trash,
dumping, rodent harborage, insect infestation, criminal activity or
places which constitute a blighting or unsightly influence on the
neighborhood. Any trees, shrubs, hedges and bushes or portions thereof
which are deemed hazardous to persons or property shall be removed.
D.
Required handicapped parking spaces, signs or markings must be maintained
and remain unobstructed and accessible.
E.
Fences, walls and other minor constructions shall be maintained in
safe, good and substantial condition.
F.
Steps, sidewalks, driveways, parking spaces and similar paved areas
shall be maintained to afford safe and convenient passages. All hazards,
including but not limited to holes, deep ruts, cracking or buckling
of service sidewalks, driveways and parking lots, shall be repaired
or removed.
G.
Exterior stairs, porches, decks, entrance platforms, fire escapes
and the railings thereon shall be maintained in a safe and sound condition.
H.
Any building attachment or structural appurtenance including but
not limited to roofs, trim, signs, towers or chimneys, shall be maintained
in a safe and sound condition.
I.
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative.
J.
The outdoor storage or maintenance of unregistered or inoperable
or dismantled equipment, junk or scrap material, shall not be permitted
on any lot in any district. As used in this section, the term "junk"
shall mean any manufactured good, appliance, fixture, furniture, machinery,
motor vehicle, recreational vehicle, trailer or similar object which
is abandoned, demolished, discarded, dismantled or so worn, deteriorated
or in such a condition as to be generally unusable in its existing
state. This definition shall include but shall not be limited to scrap
metal, scrap material, waste bottles, cans, paper, rubble, boxes,
crates, rags, used construction materials, motor vehicle parts and
used tires.
K.
No person shall accumulate or permit the accumulation of garbage,
wastes, or refuse upon any premises except that it be in appropriate
containers for the purpose of collection, which accumulation shall
not continue for a time exceeding 15 days. Such accumulation shall
not pose a threat to public health and safety, or shall not create
an unsightly appearance or unreasonably disturb the comfort and repose
of the neighborhood. Storage of materials which is emitting odors
and exhibits bacterial, fungal, or insect growth are prohibited.
L.
Any buildings or structures which have been vacant for over 60 days
shall be made secure to prohibit entry by unauthorized persons by
lock, barricade, guard continuously or otherwise secure all windows,
doors, and other openings in the building or structure.
M.
Abandoned, unlicensed, inoperative, junked or discarded vehicles:
(1)
It shall be unlawful for any owner of or occupant of any real property
in the Village of Hilton to have or permit the outside storage of
any automobile or other motor vehicle on said real property, for a
period longer than seven days that is required to be licensed and/or
registered and not bearing a current and valid license plate, registration
sticker, and inspection sticker properly displayed according to the
Vehicle and Traffic Law.
(2)
Permits.
(a)
The Code Enforcement Officer may grant permits for a period
of no longer than three months, allowing the outside storage of a
vehicle that does not have a current and valid license plate, motor
vehicle sticker, and inspection sticker properly displayed. Such permits
may be renewed a maximum of three times by the Code Enforcement Officer
upon good cause shown, including but not limited to the following:
(b)
The application fee for permits or renewals thereof shall be
as set from time to time by resolution of the Village Board of Trustees.
(3)
It shall be unlawful for any owner of or occupant of any real property
in the Village of Hilton to have or permit the outside storage of
any motor vehicle on said real property that is not required to be
licensed or not usually used on the public highway, which is:
A.
Structural members shall be protected and maintained to resist and
prevent deterioration.
B.
Stairways and passageways serving occupied and habitable space shall
be maintained for safe, continuous and unobstructed exit, and free
and clear of debris and equipment storage. Such stairways and passageways
shall be lighted with natural or electric light at all times so as
to allow safe passage.
C.
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors
shall be maintained structurally safe and smoke tight, so as to safely
convey the products of combustion to the outer air.
D.
Heating equipment shall be maintained in good condition, in order
to provide adequate and safe heat to occupied spaces.
E.
Cooking and refrigeration equipment shall be maintained in good operating
condition. Service connections shall be with pipe or tubing of solid
metal or approved appliance connectors.
F.
Plumbing systems shall be maintained in good, safe, sanitary and
serviceable condition. Water supply systems shall be provided and
maintained to provide at all times a supply of water in sufficient
volume and pressure to enable the plumbing fixtures, devices and appurtenances
to function satisfactorily.
G.
Sewage, wastewater, and stormwater drainage systems shall be maintained
so as to function properly and be kept free from obstructions, leaks
and defects.
H.
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock. Deteriorated material and equipment shall
be removed and replaced, as may be required.
I.
Buildings and structures shall be maintained free of insect, vermin
and rodent harborage and infestation.
A.
The owner, occupant, agent and operator in control of the building,
structure, lot or parcel of land shall be jointly and severally responsible
for the maintenance of the premises in a clean, safe and sanitary
condition according to the provisions of this chapter.
B.
Notwithstanding the failure of the occupant, agent or operator in
control of the building, structure, lot or parcel of land to maintain
the premises in a clean, safe and sanitary condition, the owner of
the building, structure, lot or parcel of land shall be an accessory
responsible party.
A.
This chapter shall be administered and enforced by the Code Enforcement
Officer, or any other person designated by the Hilton Village Board
of Trustees.
B.
Whenever the Code Enforcement Officer determines that a building
or premises is in violation of any provision of this chapter, the
Officer shall serve notice by regular mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax record, of such violation or alleged violation
to the owner, occupant, agent or operator responsible for such violation.
Such notice shall be in writing and shall specify the alleged violation
and shall provide a reasonable time of not less than five days for
compliance. Such notice may contain an outline of remedial action
that will be taken to effect compliance in the event that the said
notice is not complied with within the specified time period. The
Officer may extend the compliance time specified in any notice issued
under the provisions of this chapter where there is evidence of intent
to comply within the period specified, provided that reasonable conditions
exist which prevent immediate compliance.
C.
Entry into occupied buildings or structures for the purposes of an
inspection shall be permitted only when the Code Enforcement Officer
has either obtained the informed consent of the property owner or
person with a privacy right to the property, or obtained an appropriate
search warrant, or acts in belief that there exists exigent circumstances
whereby immediate entry into the building or structure is required
to ensure the protection of life, safety or property.
D.
Whenever the Code Enforcement Officer has determined that a condition
exists which poses an immediate threat to life, health or safety,
the Officer may without prior notice, issue a notice citing the violation
and order that such action be taken as is necessary to remove or abate
the hazard or danger. Such notice may include an order to vacate,
board up, fence off or demolish. Notwithstanding any other provision
of this chapter, such an order shall be effective immediately upon
personal service and/or posting on the premises and shall be complied
with immediately or as otherwise provided. Expenses incurred in the
execution of such order shall be recovered as provided herein.
A.
Whenever a notice as provided in this chapter has been served by
regular mail or personal service upon such owner, occupant, agent
or operator or posting on the premises where violations are deemed
to exist, and such owner, occupant, agent or operator shall neglect
or fail to comply with the requirements of such notice or notices
within the time provided therein, the Code Enforcement Officer may
authorize the work to be done and pay the cost thereof out of general
Village funds.
B.
The Village shall be reimbursed for the cost of the work performed
or services rendered by direction of the Code Enforcement Officer
as hereinabove provided, by assessment and levy upon the lots, parcels
of land, or premises wherein such work was performed or such services
rendered, and the expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges.
C.
The Code Enforcement Officer shall have the authority, pursuant to
the New York State Criminal Procedure Law, to issue an appearance
ticket subscribed by the Officer directing the owner, occupant, agent
or operator, or designated representative, to appear in a designated
local criminal court at a designated future time in connection with
the alleged commission of a designated violation of this chapter or
any order made thereunder.
D.
Any person who fails to comply with any provision of this chapter
or fails to comply with any notice, order or directive of the Code
Enforcement Officer after expiration of the time for compliance established
in accordance with this chapter shall, upon conviction, be punished
by a fine of not more than $1,000 or by imprisonment not to exceed
one year, or both, for such violation. In the event of any failure
to so comply, each and every day that such violation continues shall
constitute a separate offense, and the penalties prescribed above
shall be applicable to each such separate offense.
