All residential, commercial and industrial premises within the Town of West Seneca, whether improved or vacant, shall be maintained in conformity with the provisions of this part so as to assure the desirable character of the property.
As used in this part, the following terms shall have the meanings indicated:
- BUSINESS UNIT
- A building or combination of buildings and the lot on which the same is located, used in whole 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.
- An open and unoccupied space on a lot and enclosed on at least three sides by the walls of a building.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- The presence of insects, rodents, vermin or other pests.
- JUNK VEHICLE
- Any vehicle, including a trailer, which is without a current
inspection sticker, insurance, valid license plate or plates and/or
is in either a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or in an abandoned condition.[Amended 2-5-1990]
- Garbage, refuse and rubbish, as herein defined, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- Plot, tract, premises or parcel of land, with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- UNOCCUPIED HAZARD
- Any building or part thereof which remains unoccupied for a period of more than two years, with either doors, windows or other openings broken, removed, boarded or sealed up, or any building under construction upon which little or no construction work has been performed for a period of more than two years.
- An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.
The provisions of this part shall supplement local laws, codes or regulations existing in the Town of West Seneca and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this part is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
Fences and other minor construction shall be maintained in a safe and substantial condition.
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 and necessary repairs or replacement carried out. The owner or occupant of any premises fronting or abutting on any street or highway shall repair, keep safe and maintain any sidewalk abutting the premises and keep it free and clear from snow, ice, dirt or other obstruction. All trees, shrubs, plants and other vegetation must be cut back to a height of eight feet directly above the surface of any sidewalk. Any such owner or occupant shall be liable for any injury or damage by reason of omission or failure to repair, keep safe and maintain such sidewalk or to remove snow, ice, dirt or other obstructions therefrom or negligence in performing those functions.
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will 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.
Heavy undergrowth and accumulation of plant growth which are noxious or detrimental to health shall be eliminated. Any trees or portions thereof located on private property and constituting a hazard to persons or property shall be removed.
A junked vehicle may not be parked, stored or left in the open.
Firewood shall not be stored in any required yard and no higher than the fencing allowed in said yard. Firewood must be stacked in a manner not to cause rodent harborage.
[Added 11-28-2011 by L.L. No. 9-2011]
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this part regulating open spaces, buildings or structures and littering.
No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.
No shopping baskets, carts or wagons shall be left unattended or standing in open areas and shall be collected at the close of business each day by the occupant of such unit and removed to the interior of the building or buildings.
No mobile refrigeration unit shall be operated on the premises after the closing of the business conducted thereon unless such mobile refrigeration unit is electrically operated.
No truck or other vehicle shall be loaded or unloaded outside the confines of the building or buildings on the premises before 7:00 a.m. or after the business conducted on the premises has been closed to the public, in such a manner as to cause excessive noise or disturbance to the adjoining properties. For the purposes of this subsection, a noise rating exceeding 25 decibels as read on the A-scale of a standard sound-level meter at the nearest residence to the premises shall be deemed excessive.
All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
Exterior walls, roofs and all openings around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and material. Such objects or materials shall be removed, repaired or replaced.
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. All openings shall be provided with painted, exterior-grade plywood closures, securely fastened.
Buildings and structures shall be maintained in such a condition so that they shall not become unoccupied hazards as defined in this part. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.
All signs and lighting systems shall be maintained in a completely operable, clean and safe condition.
All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds.
Any senior adult complex or assisted living facility shall be supplied with emergency power capable of providing necessary heat and light to house residents within the facility during times of electrical power failures.
[Added 11-28-2011 by L.L. No. 9-2011]
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted practice.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
In order to prevent infestation of rodents or vermin, lots, yards and grounds shall be kept free of garbage, litter, refuse, rubbish, pet food, food scraps or other food items; provided, however, that this section shall not prohibit the storage of garbage, litter, refuse, pet food, food scraps or other food items in authorized receptacles provided for collection.
[Added 2-10-2014 by L.L. No. 2-2014]
Bird feeders shall be maintained so as to prevent the infestation of rodents or vermin.
[Added 2-10-2014 by L.L. No. 2-2014]
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable ordinances.
No refrigerator may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking devices and all doors.
Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping or architectural screening.
Shopping centers, supermarkets and similar business units shall provide permanent, attractive, decorated litter receptacles within the premises for public use in sufficient quantity to prevent a person from walking in excess of 50 feet to use one such receptacle.
An occupant of the premises shall be responsible for compliance with this section in regard to the following:
Limiting the occupancy of that part of the premises which he occupies or controls to the maximum permitted by town ordinance.
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
Keeping exits from his building clear and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner in accordance with the provisions of the town.
Extermination of insects, rodents or other pests within his premises.
Maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation insofar as said occupant occupies or controls said yards, lawns and courts or any parts thereof.
The installation and removal of required screens.
Keeping his domestic animals and pets in an appropriate manner and under control.
Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.
Owners of premises shall be responsible for compliance with the provisions of this part and shall remain responsible therefor, regardless of the fact that this part may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot-water supply where they have contracted to do so.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the town as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this part and shall be bound to comply with the provisions of this part to the same extent as the record owners, and notice to any such person or any order or decision of the Building Inspector shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this part, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this part.
Any person or persons, association or corporation committing an offense against this part or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
Whenever it appears that any lands or property contains such quantity of brush, grass, rubbish or weeds as to constitute a fire or health hazard or poisonous shrubs or weeds, the Town Board may order the owner of the lands or property to cut, trim, remove or spray the brush, grass, rubbish, weeds or poisonous shrubs or weeds. A copy of the order shall be personally served upon the owner or mailed to him by certified mail at his address as shown by the records of the Town Assessor. A copy of the order may also be served on or mailed by certified mail to the last known address to any other person having or claiming an interest in the lands or property as occupant, mortgagee or otherwise.
In the event that the order is not complied with within 10 days following personal service or 14 days following mailing of the order, the Building Inspector shall cause the work therein required to be done or completed.
The provisions of this article shall not apply to any lands or highway easements owned by another municipal corporation or political subdivision of the state.
The expense of any action subsequent to preliminary inspections taken pursuant to this part shall be assessed against the real property involved. Those expenses shall be reported to the Assessor within 20 days following completion of the proceedings herein authorized. The Assessor shall cause a notice to be given of the time and place where he will assess the expense against the property. A copy of the notice shall be served upon or mailed by certified mail to the owner and other persons having or claiming any interest in the real property who has appeared in any proceeding under this article. Except as hereinafter provided, personal service shall take place at least eight days before the hearing.
At the time and place specified in the notice, and upon any adjourned dates, the Assessor shall hear all interested parties. At the conclusion of the hearing, the Assessor shall complete the assessment, stating therein the name of the owner and the account number of the amount assessed to each parcel of real property. Thereafter, he shall return the assessment to the Town Clerk, who shall present it to the Town Board. The Town Board shall certify the assessment to the County Legislature, which shall cause the amount stated therein to be levied against the property. The amount assessed shall be a lien on the real property until collected. It shall be levied and collected at the same time and in the same manner as other town taxes and shall be paid to the Town Supervisor to be applied in reimbursing the fund from which the expenses were paid.
Any notice directed to a corporation may be served upon it at its principal place of business, upon a duly designated agent within the town or upon the Secretary of State. The time for service shall be extended four days for any notice served on the Secretary of State.
Any period of time fixed for performance hereunder may be extended by the Building Inspector for a period not exceeding 14 days.
If any section, clause or provision of this part or the application thereof to any person or lands is adjudged to be invalid, the adjudication shall not affect other sections, clauses or provisions nor the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, causes and provisions of this part are declared to be severable.