Town of Orangetown, NY Chapter 24C Property Maintenance

[HISTORY: Adopted by the Town Board of the Town of Orangetown 11-18-2002 by L.L. No. 7-2002. Amendments noted where applicable.]

GENERAL REFERENCES

Demolition of buildings — See Ch. 8.

Dumping and trespass — See Ch. 11.

Garbage removal — See Ch. 17B.

Recycling — See Ch. 26B.

Trees and shrubbery — See Ch. 35.

Unsafe buildings — See Ch. 37.

Zoning — See Ch. 43.

§ 24C-1 Legislative intent.

A. The Town Board of the Town of Orangetown hereby determines that it is necessary for the health, safety, appearance and general welfare of the public, the residents of the Town of Orangetown and the owners of real property located within the unincorporated portion of the Town of Orangetown to provide a method whereby vacant lands, improved properties and public lands, including roads and rights-of-way, within the unincorporated portion of the Town are properly maintained, properly repaired, kept clean, and kept free from vermin, nuisances, hazards, debris and litter.

B. Properties which are not adequately maintained and repaired may serve as an attractive nuisance, may result in injuries therein, may be a point of congregation by vagrants and transients, may attract rodent or insects and may also attract illegal drug activity.

C. Properties which are not adequately maintained and repaired tend to diminish or lessen the appearance thereof or detract from the appearance of adjoining properties, which may lead to the progressive deterioration of a neighborhood.

§ 24C-2 Definitions.

For purposes of this chapter, the terms used herein are defined as follows:

ABANDONED

To withdraw or give up by leaving the premises or ceasing to operate or inhabit the premises; more than a seasonal absence from the premises.

BLIGHT

Premises which are not properly maintained so as to diminish or lessen the appearance thereof, or so as to detract from the appearance of adjoining properties, which leads, or may lead, to the progressive deterioration of a neighborhood.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.

BUILDING INSPECTOR

The Building Inspector of the Town of Orangetown or such other person appointed by the Town Board to enforce the provisions of this chapter.

DUMPSTER, CONTAINER OR ENCLOSURE

An enclosed area or otherwise covered container for the temporary collection and storage of a nuisance, hazard, debris and litter as defined herein.

GRAFFITI

Any drawing, figure, inscription, mark, message, slogan, symbol or object written, painted, drawn, etched, placed or otherwise made on property, such that such drawing, figure, inscription, mark, message, slogan, symbol or object would constitute a blight upon the neighborhood for a reasonable person.

[Added 4-13-2010 by L.L. No. 2-2010]

JUNKYARD

An area of land, with or without buildings, used for the deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags or scrap metal; or used building material, house furnishings, machinery, vehicle or parts thereof; with or without the dismantling, processing, salvage, sale or other use or deposition of the same. A deposit or the storage on a lot of two or more wrecked or broken-down vehicles or parts of two or more such vehicles for one month or more in any district or at any time in a front yard shall be deemed to be a junkyard.

NUISANCE, HAZARD, DEBRIS AND LITTER

Any waste material, including but not limited to garbage or other putrescible substance, refuse, tobacco products and packaging, rubbish, tires, inoperable vehicles and parts, discarded furniture, appliances, water heaters, bottles, cans, plastic containers, pipes, bags of fertilizer, pet excrement, building or construction materials or supplies when stored outside on a site where no active construction is taking place, discarded or strewn papers or material or other junk substances, tree stumps, logs, wood, brush or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or otherwise be prejudicial to good health; or being so unsightly of appearance as to be offensive to surrounding properties.

STRUCTURE

An assemblage of materials constructed or erected, the use of which requires location above, below or on the ground, including but not limited to the following: buildings, signs, walls, retaining walls, radio and television antennas or dishes, microwave/satellite antennas, pergolas, pagodas, porches, decks, bins, sheds, swimming pools, swimming pool structures, docks, etc.

VACANT STRUCTURE

Any building, structure or portion thereof designed or used for residential or commercial purposes which has been unoccupied or unused for a period of six months or longer. Specifically excluded are all agricultural structures such as barns and field houses.

§ 24C-3 Disposal of debris and litter.

[Amended 1-24-2005 by L.L. No. 4-2005; 7-13-2021 by L.L. No. 6-2021]

A. It shall be an offense for any person to abandon, leave, dump, store or keep any nuisance, hazard, debris and litter, or matter attractive to vermin upon any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands or upon any privately owned property within the unincorporated portion of the Town of Orangetown except as permitted by Subsections B and D hereof.

B. The owner, tenant or occupant of property being used for residential or commercial purposes located within the unincorporated portion of the Town of Orangetown is hereby required to maintain at all times one or more covered dumpsters, containers or enclosures of adequate size to temporarily store all nuisance, hazard, debris and litter until removed. The failure to comply with this subsection shall be deemed an offense.

C. Privately owned property shall be maintained so that it does not create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance, glare; liquid or solid refuse or wastes; a condition conducive to the breeding of rodents or insects or other substance, condition or element, in a manner or amount as to create a nuisance and adversely affect the surrounding area. Properties that are subject to, and comply with, performance standards under Chapter 43, § 4.13 of the Code of the Town of Orangetown, shall be deemed in compliance with this subsection.

D. Except where physically impossible, a dumpster shall not be located within the front yard of any premises and shall be surrounded on all sides by an opaque fence or wall enclosure of durable construction no lower than one foot above the height of the dumpster. All nonconforming, preexisting dumpsters shall be conformed to this requirement within six months of the adoption of this chapter. The failure to comply with this subsection shall be deemed an offense.

E. In regard to the curbside pickup of trash containers (trash cans) and items for bulk pickup by private carter, these items shall not be set out prior to 8:00 a.m. on the day before each pickup and shall be retrieved before 8:00 a.m. on the day after each pickup.

F. In all multiple dwellings and commercial sites, the owner, managing agent or person in charge of the building must provide a totally enclosed bin or shed-type structure for housing the necessary amount of garbage containers and receptacles to meet the needs of the occupants therein. The site of the bin must be in an inconspicuous location. In addition, all required garbage containers and receptacles must be landscaped or screened in accordance with the provisions of the Zoning Code of the Town of Orangetown.

G. The Town Board is hereby authorized to establish one or more temporary or permanent locations wherein residents of the unincorporated portion of the Town of Orangetown may bring green waste, such as yard waste, brush, leaves, and grass clippings, or items constituting a nuisance, hazard, debris or litter (except garbage, toxic materials and chemicals, rubbish, tobacco products and packaging, large quantities of construction materials, bags of fertilizer, pet excrement, and bottles, cans and plastic containers) for disposal in containers provided for such purpose. The use of such containers by residents for personal noncommercial disposal of waste as enumerated above is deemed to be consistent with the purposes of this chapter and shall not constitute an offense. Any failure to abide by rules and regulations concerning the above, or concerning Subsection H below, or any use for commercial purposes or disposal by nonresidents shall be deemed an offense hereunder.

H. In order to use locations established pursuant to Subsection G above, residents of the unincorporated portion of the Town of Orangetown must first obtain a permit from the Superintendent of Highways. No one is permitted to use these locations without possessing a duly issued and valid permit. The only persons eligible to obtain a permit are noncommercial residents of the unincorporated portion of the Town of Orangetown. Even if eligible for a permit, a person may not use a facility for commercial purposes in any respect, and permissible use is limited to the depositing of permissible materials derivative of the residential use of the permit holder's residence. Rules and regulations concerning the issuance and use of these permits shall be promulgated by the Superintendent of Highways, in a manner and substance not inconsistent with Subsection G above, the remainder of the Code of the Town of Orangetown, and state and federal law. The Town Clerk, in addition to the Superintendent of Highways, may, at the discretion of the Town Clerk, also issue said permits. Permits issued by the Town Clerk are subject to all rules and regulations promulgated by the Superintendent of Highways.

§ 24C-4 Maintenance of landscape.

The owner, occupant or tenant of any privately owned property within the unincorporated portion of the Town of Orangetown shall comply with the following:

A. The premises shall be properly maintained and landscaped. Lawns or other ground cover shall be kept trimmed to a height of no greater than 12 inches. Hedges, bushes and shrubs shall be maintained and kept from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor, depreciating adjoining property and impairing the appearance of the neighborhood.

B. The premises shall be free of nuisance, hazard, debris, litter, unsanitary conditions and unsightly materials.

C. All dead, damaged or diseased trees or any portion thereof which present any hazard to life or property shall be removed.

D. Properties shall be maintained to prevent soil erosion and sedimentation.

E. Firewood kept on the premises shall be neatly stacked and properly stored and free of rotted wood.

F. Any clothesline on the premises shall be placed at least 15 feet from all property lines and limited in use to clothes only. Tarps, pool covers, and other material or matter may be hung on a clothesline or other vertical support for a limited time not to exceed 48 hours. No clothesline or similar vertical object shall be placed within any front yard.

G. All green waste, such as yard waste, brush, leaves, grass clippings and firewood, shall be placed a minimum of 10 feet from all property lines, it shall be the responsibility of the complainant to the Town of Orangetown under this section to have the property line staked out in the area where the alleged violation is purported to exist. Therefore, the property line must be demarked by a licensed land surveyor so that the code enforcement authority can determine that the alleged violation does, in fact, exist. This section shall not apply to green waste placed at the curb for removal by the Town of Orangetown, in accordance with the Town of Orangetown Highway Department's requirements and schedule for removal.

H. This section shall not prevent nor prohibit the maintenance of a compost site/area in an approved and properly functioning manner, in an area no greater than 10 feet by 20 feet (200 square feet).

§ 24C-4.1 Regulation of bamboo.

[Added 9-29-2015 by L.L. No. 4-2015]

A. Purpose. The purpose of this section is to promote and protect the property, property values and welfare of the residents of the Town of Orangetown and to protect the property and preserve the aesthetic qualities of the environment of the Town of Orangetown.

B. Intent. It is the finding of the Town Board that the planting and/or the growing of bamboo, a plant not indigenous within the Town of Orangetown, has been and will continue to be destructive to the natural environment, including indigenous flora, and destructive to structures and walks on properties within the Town adjoining and neighboring those properties where bamboo has been planted and/or permitted to grow; that because of these effects the planting and the growing of bamboo threatens the value and physical integrity of both public and private property in the Town; and that therefore, in order to protect and preserve said environment and values, the Town declares it necessary to regulate or prohibit the planting and/or growing of bamboo within the Town.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

BAMBOO

The species commonly known as "golden bamboo" (Phyllostachys aurea) and "yellow groove bamboo" (Phyllostachys airreosulcata).

BAMBOO PROPERTY OWNER

A property owner in the Town who has planted or grown or caused the planting or growing of bamboo on his property and/or permitted or permits the growing of bamboo on his property that had initially encroached onto his property from an adjoining or neighboring property.

D. Applicability. For purposes of this section, if bamboo is found growing upon a property that shall constitute presumptive evidence that the growing of bamboo on the property shall have occurred with the consent of the owner of such property, except that such property owner shall not be presumed to be a bamboo property owner if the property owner did not plant or grow or cause said bamboo to be planted or grown in his property, and he shall provide the Building Inspector with proof, satisfactory to the Building Inspector, that within a reasonable period of time after he first learned of the encroachment of bamboo onto his property from an adjoining or neighboring property, he advised the owner of such adjoining or neighboring property of his objection to the encroachment of bamboo onto his property and/or initiated steps for the removal of the bamboo from his property.

E. Prohibition. Effective upon the date this provision shall become law, the planting or growing of bamboo shall be prohibited within the Town of Orangetown. Any person who thereafter plants or grows, or causes to be planted to grown, bamboo within the Town shall be deemed to be in violation of this section and shall be subject to such penalties as are set forth hereunder.

F. Regulation. Any bamboo which has been planted or otherwise permitted to grow in any property within the Town of Orangetown prior to the effective date of this chapter may remain on such property subject to compliance with this § 24C-4.1. Each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his property prior to the effective date of this chapter does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Town, and shall be required to take such measures as are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by said bamboo. The Town Board may from time to time prescribe such rules and regulations as may be necessary to give effect to this.

G. Removal.

(1) In the event that bamboo growing on a bamboo property owner's property invades or grows on an adjoining or neighboring property that is owned or held on behalf of the Town of Orangetown, the Town shall notify the bamboo property owner that the bamboo said owner had planted or caused to plant or had permitted to grow on his property has invaded Town property and that the bamboo property owner is responsible for the removal of such bamboo from the Town property. This notice shall be sent by United States Postal Service, via certified mail, return receipt requested, and by regular first-class mail to the latest address of the bamboo property owner on file with the Town, and a copy of the notice shall also be left in a conspicuous location on the bamboo property owner's property in the Town of Orangetown.

(2) In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from the Town property, or does not make an arrangement with the Town for removal of such bamboo within 30 days from the date the Town first deposited the notice as provided in Subsection G(1) above with the United States Postal Service, then the Town, at its discretion, may remove or arrange for the removal of such bamboo from the Town property. The bamboo property owner shall be liable and responsible to the Town for the Town's costs in removing the bamboo from the Town property. Such costs may be assessed against the property of the bamboo property owner as a tax payable by such bamboo property owner in the event that the costs remain unpaid more than 30 days after demand for payment has been made by the Town on the bamboo property owner.

(3) In the event that the Town is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in Subsection G(2) above, neither the Town nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.

H. Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this section may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.

I. Notification. Within 30 days after the effective date of this chapter the Town shall give notice by reasonable means to all property owners in the Town advising them of the enactment of this section.

J. Violations. Any property owner who violates any of the provisions of this section shall be guilty of a violation thereof. Each and every day that a violation of this section shall exist shall constitute a separate violation of this section.

K. Penalties. A violation of any provision of this section shall be punishable by a fine not to exceed $350 for each violation. The Town may also pursue civil or injunctive relief, or pursue criminal penalties, irrespective of any determination to prosecute for a violation of this section.

L. Severability. In the event that any portion or portions of this chapter shall be determined to be invalid or unenforceable for any reason, the remainder of the chapter and its provisions shall remain in full force and effect.

§ 24C-5 Maintenance of exterior of premises.

The exterior of all premises within the unincorporated portion of the Town of Orangetown shall be kept free of all nuisances. It shall be the duty of the owner or operator to keep the premises free of hazards, which may include but are not limited to the following:

A. Hazardous walks and steps, which shall be repaired or replaced.

B. Loose and overhanging objects which, by reason of their location above ground level, constitute a danger of falling on persons in the vicinity thereof.

C. Cracks, projections, or obstructions on paths, walks, driveways, parking areas and other parts of the premises which are accessible to and may be used by the public.

D. All holes, excavations, breaks, trenches, and digging left open, which shall be filled and repaired.

§ 24C-6 Appearance of exterior of premises and structures.

The exterior of the premises in the unincorporated portion of the Town of Orangetown, and the condition of accessory structures, shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration of the neighborhood with the accompanying diminution of property values, including the following:

A. Equipment and materials which relate to a business, commercial operation or industrial operation shall not be maintained, stored, serviced, or used unless permitted under the Zoning Code of the Town of Orangetown for the zoning district in which the premises are located.[1]

[1] Editor's Note: See Ch. 43, Zoning.

B. Open front porches shall not be used to store or use household equipment not usually associated with porch usage, such as washers, dryers and refrigerators, or to store or use commercial items.

C. All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair, and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed. All signs in a residential zone shall be erected at least 10 feet from the side and rear property lines, and shall not be directed toward abutting neighbors' residences located in a residential zoning district.

D. The exterior of every structure or accessory structure not inherently resistant to decay, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and to maintain appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.

E. There shall be no observable (from a public highway or private road) cardboard or plastic bag material covering any window in a structure or accessory structure.

F. There shall be no observable (from a public highway or private road) graffiti.

[Added 4-13-2010 by L.L. No. 2-2010]

§ 24C-7 Maintenance of construction sites.

A. When a building permit has been issued for the construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure in the unincorporated portion of the Town of Orangetown, the site shall be maintained in a neat, safe and orderly condition and manner.

B. Scrap wood located on the site shall be neatly stacked. Building and construction material located on the site shall be neatly stacked and properly stored.

§ 24C-8 Maintenance of vacant structures.

The owner shall keep all and every part of any vacant structure in the unincorporated portion of the Town of Orangetown in attractive condition and in good repair, including but not limited to the following:

A. Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.

B. Buildings and structures shall be secured at all doorways, windows and other openings.

C. Buildings and structures shall be maintained free of vermin and rodents, and the exterior premises shall be maintained in accordance with the provisions of § 24C-4 of this chapter.

D. Damage caused to the exterior of any structure by fire, explosion or natural disaster shall be repaired within six months of the date when such damage was sustained.

§ 24C-9 Maintenance of abandoned or fire-damaged buildings.

[Amended 11-13-2006 by L.L. No. 18-2006]

All abandoned or fire-damaged buildings in the unincorporated portion of the Town of Orangetown shall be boarded up by the owner as follows:

A. Material for boarding shall be a minimum of one-half-inch exterior plywood.

B. First floor and cellar windows shall have the material cut to fit between the staff moldings and rest on the windowsill to provide solid nailing all around. All remaining windows visible from a public way shall also be so covered.

C. Windows in exterior doors shall be secured, and doors either padlocked or boarded with plywood.

D. All material shall be nailed with a minimum of six-penny nails.

E. Fire-damaged buildings shall be boarded immediately, but in no event later than 48 hours of the fire. Abandoned buildings shall be boarded within five days.

F. Any owner of a building who fails to comply with this section shall be subject to a penalty as set forth in Chapter 41A of this Code.

§ 24C-10 Parking and storage of vehicles.

A. The parking and storage of vehicles within the unincorporated portion of the Town of Orangetown shall be regulated as follows:

(1) The owner, tenant or occupant of any property shall not park or permit or allow the exterior parking or storage of any vehicle within the front, side or rear yard of such property, except on driveways and parking areas constructed and installed in compliance with applicable laws, and except as permitted under Subsection A(3) and (4) of this section.

(2) No abandoned vehicle, no unregistered vehicle, and no vehicle with either an expired registration certificate, registration certificate under suspension, or otherwise invalid registration certificate shall be parked out of doors on any property. The number of vehicles allowed to park on any property shall be limited to the number of parking spaces legally provided on the property.

(3) No vehicle shall be parked out of doors on any property unless the vehicle license plate is exposed and clearly visible. No vehicle parked or stored out of doors on any property shall be covered over with any tarp, material or matter other than an approved car cover, with its vehicle license plate exposed and clearly visible.

(4) Only one commercial vehicle not over one-half-ton capacity and only one unoccupied trailer or recreation vehicle, owned or rented by the owner of the premises, or owned or rented by a gratuitous guest visiting the owner of the premises, may be parked on that portion of a residential lot lying to the rear of the residence, which shall be secured in place at least a ten-foot distance from both side and rear lot lines.

(5) Only one boat no longer than 24 feet, owned or rented by the owner of the premises, may be parked on that portion of a residential lot lying to the rear of the residence. The boat shall be secured in place at least a ten-foot distance from both side and rear lot lines.

B. No commercial or for-hire automotive repairs shall take place on any property located in any residentially zoned district.

[Amended 11-14-2017 by L.L. No. 10-2017]

§ 24C-11 Filling, grading and drainage.

A. No parcel of land in the unincorporated portion of the Town of Orangetown shall be filled or have the grade of the premises raised by more than two feet without first obtaining a building permit from the Town of Orangetown Building Department.

B. In the unincorporated portion of the Town of Orangetown, all parcels of land shall maintain adequate runoff drains to eliminate any recurrent or excessive accumulation of stormwater. In addition, no drainage water shall be drained, discharged or diverted onto adjoining property, including all roof drains, gutters and leader pipes, pumps, sump pumps, or pool discharges. All drainage pipes must be directed either towards a Town-approved drainage system or a Town-approved drainage pit. All retention basins, swales, drainage structures and drainage pits must be properly maintained.

§ 24C-12 Signs.

[Amended 10-14-2003 by L.L. No. 3-2003; 3-23-2021 by L.L. No. 2-2021]

A. The owner or tenant of a building or premises shall properly maintain all signs on his or her property. All signs, awnings and canopies, together with their framing, supports, braces and anchors shall be kept in repair and a proper state of preservation. The display surfaces of all signs, awnings and canopies shall be kept neatly painted or posted at all times, free from paint scaling or breaks, tears and defacing.

B. Unsafe signs or unsightly, damaged, or deteriorated signs or signs in danger of falling shall be removed upon written notice. If compliance is not achieved within the time period specified in such notice, the sign shall be repaired or removed by the Town and the costs assessed to the property owner.

C. The owner or tenant of a building or premises shall remove all temporary signs within the appropriate timeframe required by § 31C-7E.

§ 24C-13 Enforcement and compliance; notice of violation.

A. Any owner, tenant or occupant of any property in violation of this chapter, located within the unincorporated portion of the Town of Orangetown, shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or assistant. Building Inspector or subordinate with code enforcement authority, or Superintendent of Highways or designee, regarding right-of-way violations, within five days of the service of written notice as provided in Subsection C below.

B. Any person responsible for the creation of an offense under this chapter affecting a public street or other public property within the unincorporated portion of the Town of Orangetown shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or assistant, Building Inspector or subordinate with code enforcement authority, Superintendent of Highways or designee within five days of the service of written notice as provided in Subsection C below.

C. All written notices under this section shall either be served on the owner, tenant or occupant of any property located within the unincorporated portion of the Town of Orangetown and by mailing a copy of such notice by certified mail to the owner of the property as shown on the current assessment records of the Town or 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 certified mail to the owner of the property as shown on the current assessment records 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 certified mail to such person at such person's last known address.

D. The Building Inspector and any subordinate of the Building Inspector with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.

§ 24C-14 Penalties for offense.

[Amended 11-13-2006 by L.L. No. 18-2006]

A. Any person failing to comply with a lawful order pursuant to this chapter or committing an offense against any provision of this chapter shall be guilty of a violation punishable by a penalty as set forth in Chapter 41A of this Code.

B. Failure to comply with the direction of any official of the Town of Orangetown when notice has been provided in accordance with § 24C-13 shall constitute a separate and distinct offense hereunder.

§ 24C-15 Removal by Town; charges.

A. Upon the failure of an owner, tenant or occupant with notice to correct a condition complained of, the Town Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the affected property and, if obtainable, forwarded to the last known address of the property owner, as it appears on the current assessment records of the Town, by certified mail, return receipt requested. Posting and service of such notice shall not be less than 15 days prior to the date of the public hearing.

B. The Town Board, after a public hearing as provided in Subsection A, may cause any vermin, nuisance, hazard, debris, litter or graffiti as defined in this chapter or any vehicle parked or stored in violation of this chapter to be removed from any property within the unincorporated portion of the Town of Orangetown, upon the failure of such owner, tenant or occupant to comply with any requirements and/or conditions of the Town Board. Said removal may be performed by the Town of Orangetown or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and of removal, and assess such expense against the record 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.

[Amended 4-13-2010 by L.L. No. 2-2010]

C. The removal of any nuisance, hazard, litter or graffiti by the Town of Orangetown or its agents shall not operate to excuse such owner, tenant or occupant from properly maintaining the premises as required by this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any other penalties as provided for herein.

[Amended 4-13-2010 by L.L. No. 2-2010]

§ 24C-16 Inspections.

[Added 4-23-2007 by L.L. No. 3-2007[1]]

A. When required.

(1) Property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

(2) Property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every three years.

B. When permitted. In addition to the inspections required by § 24C-16A, a property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon:

(1) The request of the owner of the property to be inspected or an authorized agent of such owner;

(2) Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

[1] Editor's Note: This local law also redesignated former § 24C-16 as § 24C-17.

§ 24C-17 Severability; repealer.

A. If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles hall not be affected and shall continue in full force and effect.

B. All other chapters, ordinances or local laws and any parts thereof which are inconsistent or conflict with any part of this chapter are hereby repealed to the extent of any inconsistency or conflict.