[HISTORY: Adopted by the Town Board of the Town of North
Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-1971 (Ch. 124 of the 1987 Code)]
By the adoption of this article, the Town Board of the Town
of North Castle, New York, declares that indiscriminate landfill operations,
littering and dumping of refuse, garbage, keeping of junk or junked
automobiles or automobiles which are not in a running condition; structures,
both residential and nonresidential and commercial and industrial,
and vacant areas which are becoming slums or blighted because of substandard
unsanitary and deteriorating conditions are injurious to the public
safety, health and welfare of the people of the Town of North Castle
and further can constitute a hazard to property and persons and constitute
a public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Includes a structure wholly or partially enclosed within
exterior walls or within exterior or party walls and a roof affording
shelter to persons, animals or property.
The placing of soil, earth, sand, gravel or any other material
determined to be clean fill by the Town Engineer in or upon any lands
within the Town of North Castle.
Includes all putrescible animal or vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Includes the presence of insects, rodents, vermin or other
pests.
Includes any vehicle, including a trailer, which is without
a currently valid license plate or plates and is in either a wrecked,
discarded, dismantled, partially dismantled, inoperative or abandoned
condition.
Garbage, refuse and rubbish, as defined herein, and all other
waste material, including building rubble and construction material,
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare or tends to create blight.
Includes a portion or parcel of land considered as a unit,
vacant or dedicated to a certain use, or occupied by a building or
group or buildings that are united by a common interest or use, and
customary accessories and open spaces belonging to the same.
Shall be held to embrace whatever is dangerous to human life
or detrimental to health or welfare.
An individual, an association, a partnership or a corporation.
Includes all cardboard, plastic, metal or glass food containers,
wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber,
leather and similar waste material that ordinarily accumulates around
a home, business or industry.
The Town of North Castle.
An open space on the same lot which contains a building and
is located between the building line and lot line on which the particular
building line faces.
This article shall apply to all premises within the Town of
North Castle, including but not limited to vacant lots, residential,
commercial or mixed lots or buildings, streets, whether public or
private, and public lands used for any purpose whatsoever.
A.
General requirements. Residential, commercial and industrial buildings,
whether occupied or vacant, and accessory structures shall be maintained
in conformity with the provisions of this article so as to assure
the desirable character of the property.
B.
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled,
or necessary repairs or replacements shall be carried out.
D.
Buildings, yards, courts and vacant lots shall be kept clean and
free of physical hazard, rodent harborage and infestation. The same
shall be maintained in a manner that would prevent dust or other particles
from being blown about the neighborhood. Open wells, cesspools or
cisterns shall be securely closed or barricaded from access to the
public.
E.
All immediate exterior property shall be maintained free from weeds
or plant growth in excess of 10 inches. All noxious weeds shall be
prohibited. "Weeds" shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, that
this term shall not include cultivated flowers and gardens.
[Amended 4-29-2020 by L.L. No. 3-2020]
F.
A junked vehicle may not be parked, stored or left in the open unless
it is necessary for the operation of a business enterprise lawfully
situated on private property. Any other junked vehicle or vehicles
must be relocated to a completely enclosed location or otherwise removed
from the property.
G.
Adequate sanitary facilities and methods shall be used for the collection,
storage and handling and disposal of refuse and garbage by property
owners.
H.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first removing any locking devices
or the hinges of the door or doors.
I.
The owner of a vacated building shall take such steps and perform
such acts as may be required of him, from time to time, to ensure
that the building and its adjoining yards remain safe and secure and
do not present a hazard to adjoining property or to the public.
J.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Town except in public receptacles
or in authorized private receptacles for collection.
K.
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
L.
No person shall sweep into or deposit in any gutter, street or other
public place within the Town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
M.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free from litter.
N.
No person shall throw or deposit litter on any private property within
the Town, whether owned by such person or not, and whether occupied
or vacant, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
O.
The owner or person in control of private property or any portion
thereof shall at all times maintain the premises, or that portion
controlled by him, free of litter, except when stored properly in
authorized private receptacles for collection, when such person shall
have actual notice thereof or when said litter shall have been present
a sufficient length of time to constitute constructive notice.[1]
[1]
Editor's Note: Former Subsection P, as amended, which immediately
followed and prohibited the placement of fill without the obtaining
of a landfill permit, was repealed 4-29-2020 by L.L. No. 3-2020.
A.
Owners of premises shall be responsible for compliance with the provisions
of this article and shall remain responsible therefor, regardless
of the fact that this article may also place certain responsibilities
upon occupants and tenants irrespective of any agreements made between
owners and occupants as to which party shall assume responsibility.
B.
Whenever any person or persons shall be in actual possession or have
charge, care or control of any property within the Town, as owner,
executor, administrator, operator or agents, such persons shall be
deemed and taken to be the owner or owners of such property within
the meaning of this article, and shall be bound to comply with the
provisions of same to the same extent as the record owner.
A.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
[Amended 11-24-1987 by L.L. No. 3-1987; 7-18-1991 by L.L. No. 4-1991]
B.
The term "person," as used in this section, shall include the owner,
occupant, mortgagee, vendee in possession, tenant, receiver, executor,
trustee, lessee, agent or any other person directly or indirectly
in control of the dwelling or building.
C.
In addition to the above-provided penalties, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction violation of such chapter.
This article shall be known and designated as the "North Castle
Landfill, Dumping and Littering Ordinance."
[Adopted 10-22-2014 by L.L. No. 4-2014 (Ch. 161 of the 1987 Code)]
The Town Board of the Town of North Castle hereby determines
that it is necessary for the health, safety, appearance and general
welfare of the residents of the Town of North Castle to provide a
method whereby vacant lots, improved properties and public lands within
the Town are clean, properly maintained and free from vermin, nuisances,
hazards, debris and litter. The Town Board acknowledges the existence
of the Property Maintenance Code of New York State (2010), as amended,
and that its administration and enforcement is the responsibility
of the Building Inspector or his representative. The provisions of
said code are incorporated herein and made a part hereof.
A.
Any owner, tenant or occupant of any property responsible for the creation of an offense in violation of this article located within the Town of North Castle shall remove such offense when ordered to do so by the Building Inspector or his representative within 30 days of the service of written notice of violation as provided in Subsection C below.
B.
Any person responsible for the creation of an offense in violation of this article affecting a public street or other public property within the Town of North Castle shall remove such offense when ordered to do so by the Building Inspector or his representative within 30 days of the service of written notice of violation as provided in Subsection C below.
C.
All written notices of violation under this section shall be served
on the owner, tenant or occupant responsible for the creation of such
offense on any property located within the Town of North Castle by
posting a copy of such violation notice upon the front portion of
the property or upon the main structure and by mailing a copy of such
notice by first-class mail to the owner of the property as shown on
the latest assessment rolls of the Town. In the case of any person
responsible for the creation of an offense existing upon a public
street or public property, notice may be personally served on such
person or mailed by ordinary mail to such person at such person's
last known address.
D.
The Building Inspector, or his representative, shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties, and such officer shall provide written notice of violation to the owner, tenant, occupant or other party as provided in Subsection C, which shall require the removal within 30 days of any vermin, nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
E.
In the event that a notice of violation issued to an owner, tenant
or occupant on any property located within the Town of North Castle
is not remedied to the satisfaction of the Building Inspector or his
representative within the time provided for in the notice of violation,
a summons shall issue, returnable in the Justice Court of the Town
of North Castle.
A.
Any person found guilty of a violation of any provision of this article
shall be punished by a fine of up to $500. Any person found guilty
of a second offense of any provision of this article within 18 months
of the date of the first conviction shall be punished by a fine of
not less than $500 and not more than $1,000. Any person found guilty
of a third offense of any provision of this article within 18 months
of the date of the second conviction shall be punished by a fine of
not less than $2,500 and not more than $5,000. Any person found guilty
of a fourth or subsequent offense of any provision of this article
within 18 months of the date of the third conviction shall be punished
by a fine of not less than $5,000 and not more than $7,500.
B.
The continuation of an offense against the provisions of this article
shall constitute, for each week the offense is continued after issuance
of the notice of violation, a separate and distinct offense hereunder.
A.
Upon the failure of an owner, tenant or occupant responsible for
the creation of such offense to comply with a notice to correct a
condition as cited within the days allotted, the Town Board may hold
a public hearing. The public hearing shall be held upon notice posted
conspicuously on the affected property and forwarded to the last known
address of the property owner, as it appears on the current tax records
of the Town, by certified mail, return receipt requested. Posting
and service of such notice shall not be less than 10 days prior to
the date of such hearing.
B.
The Town Board, after a public hearing as provided in Subsection A, may cause any vermin, nuisance, hazard, debris or litter as defined in this article to be removed from any property within the Town of North Castle upon the failure of such owner, tenant or occupant to comply with any order of the Town Board. Said removal shall be performed by a private contractor hired by the Town. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. 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 Town charges.
C.
The removal of any vermin, nuisance, hazard, debris or litter by
the Town of North Castle or its agents shall not operate to excuse
such owner, tenant or occupant from properly maintaining any premises
as required by this article, and such owner, tenant or occupant shall,
notwithstanding such action, be subject to any other penalties provided
for herein.
A.
Upon failure to respond and comply with the requirements of the notices described in § 241-9C within 30 days from posting and mailing, the Building Inspector or assistant will perform an inspection of the premises and submit a detailed report to the Town Board describing the level of vermin, nuisance, hazard, debris or litter as defined in herein. The official will further investigate and detail the circumstances of the abandonment of the premises, as well as perform due diligence regarding the current status of the property. The report will also contain the scope of the work required to remove any vermin, nuisance, hazard, debris or litter affecting the health, safety and welfare of the neighboring properties, residents and the public at large.
B.
Upon receipt and review of the report, the Town Board may, by resolution,
authorize the necessary work to be done and pay the cost thereof out
of general Town funds appropriated by the Town Board for such purpose.
C.
The Town shall seek reimbursement for the cost of the work performed
or the services rendered through any means permitted by law and/or
by assessment against the owner of the property. 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 as other Town charges in the manner
provided for the assessment of the cost of public improvements pursuant
to Article 4, § 64, Subdivision 5-a of the Town Law of the
State of New York (general powers of town boards, removal of fire
and health hazards and weeds), as amended.
