[HISTORY: Adopted by the Board of Trustees of the Village
of Monroe 5-19-2020 by L.L. No. 6-2020. Amendments noted where applicable.]
A.Â
The Board of Trustees of the Village of Monroe determines and declares
that a clean, wholesome, attractive environment is important to the
health and safety of the inhabitants of the Village and the safeguarding
of their material rights against unwarranted invasion and, in addition,
such environment is deemed necessary to the maintenance and continued
development of the economy of the Village and general welfare of its
citizens. The Board determines that it is contrary to this intent
for any parcel of property to be maintained in a cluttered or unclean
condition as to create the potential for a public nuisance, a public
health hazard or which renders it aesthetically offensive to the common
sensibilities of an average resident applying community standards.
B.Â
It is further declared that the unrestrained accumulation of rubbish,
brush, grass, weeds, debris, inoperative or abandoned vehicles and
machinery and equipment or parts thereof, and the failure to remove
rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles
and machinery and equipment or parts thereof from property, is a hazard
to such health, safety and welfare of the citizens of the Village
necessitating the regulation, restraint and elimination thereof.
This chapter shall apply to all property within the Village
of Monroe. The provisions of this chapter shall supplement state and
local laws, codes or regulations. Where a provision of this chapter
is found to be in conflict with a provision of a state or local law,
code or regulation, the more restrictive provision shall prevail if
permissible.
Except where otherwise noted, this chapter shall be enforced
by the Code Enforcement Officer or other official designated by the
Board of Trustees, which official may be the Building Inspector or
other subordinate officers with Code enforcement authority of the
Village of Monroe.
As used in this chapter, the following terms shall have the
meanings indicated:
Buffer zones, setbacks, side and rear yards or other areas,
surfaced or natural, or open space used in connection with subject
property.
The residue from the burning of wood, coals, coke or any
other combustible materials.
An enclosed area or otherwise covered container for the temporary
collection, compacting and storage of a nuisance, hazard, debris and
litter as defined herein.
The Code Enforcement Officer or other official designated
by the Board of Trustees, which official may be the Building Inspector
or other subordinate officer with Code enforcement authority of the
Village of Monroe.
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodent, vermin, insect and water
proof.
Any motor vehicle which is without a currently valid license
plate or plates and is in either a rusted, wrecked, discarded, dismantled,
partly dismantled, inoperative or abandoned condition.
Sunset of any day to the sunrise of the following day.
Any combination of mechanical, electrical, electromechanical
or other means or elements to a given end or for a particular purpose,
including vehicles, farm implements, industrial equipment and any
or all parts for machinery or equipment.
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, rubbish, inoperable vehicles
and parts, discarded furniture, appliances, water heaters, bottles,
cans, building or construction materials or supplies when stored outside
on a site where no active construction is taking place or discarded
or strewn papers or material or other junk substances, tree stumps,
tree trunks, branches or limbs that have fallen or been cut down,
or any other matter attractive to vermin, likely to breed disease,
present a fire hazard, create offensive odors or to otherwise be prejudicial
to good health or being so unsightly of appearances as to be offensive
to surrounding properties.
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling premises
or any person or entity in possession of or using any premises or
part thereof, whether or not the owner thereof and regardless of the
duration of time of such possession, use or occupancy.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof as agent of the owner or as a fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building structure or land shall be deemed to be
a co-owner with the lessor for the purposes of this chapter and shall
have responsibility over the portion of the premises so sublet, leased
or assigned.
Space provided by the holder for the parking of vehicles,
together with the means of ingress and egress thereto and the roads
and driveways of any subject property.
Any owner or occupant as defined herein, individual, tenant,
trustee, receiver, executor, corporation or other person who controls,
in whole or in part, any subject property, partnership, association,
firm, corporation or any and all combinations of individuals acting
in concert.
Shall include land, buildings and structures firmly affixed
thereto on a permanent basis or located thereon on a temporary basis,
integrated equipment (such as light fixtures or a well pump), ponds,
canals, roads and machinery, among other things.
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned or junked
automobiles and solid market and industrial wastes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
The actual cost incurred by the Village for the repair, maintenance
or removal, plus an administrative fee established by resolution of
the Village Board of Trustees and modified from time to time in the
same manner.
A container with appropriate cover to receive hand-carried
discarded paper and trash.
For the purpose of this article, a car, truck, camper, van, boat, boat trailer, commercial trailer, motorcycle, go-cart, omnibus or any other motorized or nonmotorized object which has as its main purpose the storage of property or movement of people or animals that is inoperable. With the exception contained § 155A-6F, it shall be presumptive evidence that a vehicle has been abandoned or is inoperable if said vehicle is:
Is inoperable and has been left unattended on public or private
property for more than 48 hours; or
Is unlicensed and has been left unattended on public or private
property for more than 48 hours; or
Has remained illegally on public property for more than 48 hours;
or
Has been left unattended on the right-of-way of a designated
county, state, or federal highway for more than 48 hours; or
Is parked without the current year's registration or identification
markers as required by law; or
Is found to be mechanically inoperative and is allowed to remain
inoperative on public land for a period of 10 days or on private land
for 30 days. Said period of time may be extended, for good cause,
by the Code Enforcement Officer; or
Is no longer in actual use as a vehicle or which is wholly unfit,
without rebuilding or reconditioning, for use in highway transportation,
or which has been discarded for use as a vehicle or otherwise abandoned.
For the purpose of this article, every device in, upon, or
by which any person or property is or may be transported or drawn
upon a highway, except devices moved by human power or used exclusively
upon stationary rails or tracks, including, without limitation, an
automobile, truck, camper, van, boat, boat trailer, commercial trailer,
motorcycle, go-cart or any other motorized or nonmotorized object
which has as its main purpose the storage of property or movement
of people or animals.
A.Â
In furtherance of the purposes of this chapter, it shall be the duty
and responsibility of the owner or occupant of premises to comply
with any or all of the requirements and standards of this chapter
to keep the premises free of conditions which constitute violations
hereof and to promptly remove, prevent or abate such conditions.
B.Â
Owners and occupants shall have all the duties, obligations and responsibilities
prescribed in this chapter, and no such person or entity shall be
relieved of any duty, obligation or responsibility hereunder nor be
entitled to assert, as a defense against any charge made against him
or them for violation of this chapter, the fact that another owner,
operator or occupant or any other third person or entity is also responsible
therefor and in violation thereof.
C.Â
The provisions of this chapter shall supplement state and local laws,
codes or regulations. Where a provision of this chapter is found to
be in conflict with a provision of a state or local law, code or regulation,
the more restrictive provision shall apply when legally permissible.
A.Â
Surface or 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.
B.Â
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.Â
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 in compliance with
applicable code requirements.
D.Â
Yards and vacant lots shall be kept clean and free of physical hazards
and 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 by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
E.Â
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to people or animals or cause or tend to cause
or enhance an unhealthy or dangerous or obnoxious condition on said
property or on any adjacent or neighboring property.
F.Â
No more than one unregistered vehicle may be stored on any front,
rear or side yard of the property. No vehicle shall be stored on any
portion of the required front-yard setback. This subsection shall
be enforced by the Code Enforcement Officer.
G.Â
The owner, tenant or occupant of any property located within the
Village of Monroe shall not park, permit or allow the exterior parking
or storage of any vehicle within the front, side or rear yard of such
property, unless such vehicle is parked upon a driveway or paved or
dust-free surface provided for such purpose. No vehicle shall be stored
on any portion of a required front-yard setback. The failure of any
owner, occupant or tenant to comply with the provision of this subsection
shall be deemed an offense. This subsection shall be enforced by the
Code Enforcement Officer.
H.Â
The owner, tenant or occupant of any property located within the
Village of Monroe shall not park, permit or allow the exterior parking
or storage of more than one unregistered car or permit the parking
of any registered or unregistered vehicle in any manner which would
violate the Zoning Code of the Village of Monroe. The failure of any
owner, occupant or tenant to comply with these requirements or of
the requirements of the Zoning Code of the Village of Monroe shall
be deemed an offense under this section.
All owners, occupants or tenants of any privately owned property
within the Village of Monroe shall maintain grass or other ground
cover, trees and shrubbery in a safe condition, free of noxious weeds
and otherwise free of nuisance, hazard, debris, litter and unsightly
materials. For the purposes of this provision, all grass shall be
kept trimmed to a height of no greater than 10 inches. The dead or
diseased trees or any portion thereof which present any hazard to
life or property shall be removed. No owner, tenant, or occupant shall
blow leaves or other debris onto adjacent property or property lines.
The failure to maintain property as required by this section shall
be deemed an offense.
A.Â
Notice to remedy.
(1)Â
Upon the failure of an owner, tenant or occupant to comply with the
provisions of this chapter, the Enforcement Officer shall issue a
written notice to remedy said violation within five days, or as soon
thereafter deemed reasonable as determined by the Enforcement Officer.
(2)Â
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is posted conspicuously on the affected property,
sent by certified mail to the last known address of the property owner
upon which the same is served, as shown by the most recent assessment
roll of the Village, or a copy thereof is personally delivered (as
if a summons) to said owner or a copy thereof is left at the usual
place of abode or office of said owner.
(3)Â
The notice shall identify the violation asserted by reproduction
of the specific provision or provisions of this chapter and state
in bold type that upon failure to remedy the violation within the
time stated therein, a public hearing shall be held by the Village
Board at which meeting the property owner may appear and be heard
as to why the Village should not remedy the violation and levy the
cost of said remedy to the property.
(4)Â
The notice shall provide the date of the public hearing, which date
shall not be less than less than five days subsequent to the date
of the posting or personal service of the notice.
(5)Â
Where the violation is for failure to keep grass trimmed to a height
of no greater than 10 inches and where the next scheduled Village
Board meeting is greater than five days subsequent to the date of
service of the notice, the notice shall state in bold type that the
property owner must contact the Village Clerk via email or letter
to request a public hearing before the Village Board within the aforementioned
five days or as soon thereafter as possible. Where the property owner
requests such hearing, no action shall be taken until the property
owner is afforded said opportunity to be heard before the Village
Board as to why the Village should not remedy the violation and assess
the cost to the property. Failure to request a public hearing under
these circumstances shall constitute permission for the Village to
remedy the violation and acceptance of such costs to remedy as a charge
and assessment against the property.
B.Â
Upon failure to remedy and after the aforesaid public hearing, at
which hearing the Village Board shall provide an opportunity for the
affected property owner to speak, the Village Board may cause any
nuisance, hazard, litter, rubbish, brush, grass, weeds, debris, inoperative
or abandoned vehicles and machinery and equipment or parts thereof
to be removed.
C.Â
Said removal may be performed by the Department of Public Works or
other designee as determined by resolution of the Board of Trustees,
including a private contractor. The Village Board shall ascertain
the cost of the proceeding and the costs of removal, and such costs
shall be charged and assessed, along with such administrative fees
applicable to said violation, and unpaid sums shall constitute a lien
and charge on the real property and shall be assessed against such
property and collected in the same manner as real property taxes.
D.Â
The removal of any nuisance, hazard or litter by the Village of Monroe
or its agents shall not operate to excuse compliance with this chapter,
and such owner, tenant or occupant shall, notwithstanding such action,
be subject to any other penalties provided for herein.
E.Â
Administrative fees. The Board of Trustees finds and determines that
Village residents who comply with this chapter by keeping their property
in an orderly, clean and well-kept condition should not bear the financial
burden of those residents who violate the provisions of this chapter
and negatively impact the health and welfare of their neighbors and
the entire Village. Such financial burden includes the actual cost
of remedying the violation and the administrative cost to mobilize
the Department of Public Works, other Village agencies or contractors
to remedy violations. That administrative cost is not limited to the
actual time required to mobilize the Department of Public Works, other
Village agencies or contractors to remedy violations, but time taken
away from day-to-day administrative tasks essential to governing the
Village.
F.Â
Therefore, the Village Board of Trustees shall establish a schedule
of administrative fees, which fees shall be added to the actual costs
incurred by the Village to remedy violations and shall be progressive
in order to discourage repetitive or recalcitrant offenders. Said
schedule shall be established by resolution of the Village Board and
modified from time to time in the same manner and shall include, but
not be limited to, the administrative cost of mobilizing the Department
of Public Works, other Village agencies or contractors to remedy violations.
Whenever the Enforcement Officer finds that an emergency condition
in violation of this chapter exists, which condition requires immediate
attention in order to protect the public health or safety, he may,
with the consent of the Mayor or designated member of the Board of
Trustees, issue an order by service of notice in the manner set forth
above, reciting the existence of such an emergency condition and requiring
that such action be taken by the violator as soon as it is reasonably
necessary to meet the emergency. Notwithstanding any other provision
of this chapter, such order shall be effective immediately. Any person
to whom such an order is directed shall comply therewith immediately,
but, upon objection in writing to the Enforcement Officer, any such
person shall be afforded a hearing before the Board of Trustees of
the village as soon as is reasonably possible. After such a hearing
and decision by the Board of Trustees as to the existence or nonexistence
of the emergency condition, the Board of Trustees may continue such
order in effect or modify or withdraw it.
A.Â
The Code Enforcement Officer is hereby authorized to issue an appearance
ticket pursuant to Criminal Procedure Law § 150.10 of the
State of New York to secure the enforcement of this chapter. Said
appearance ticket shall be issued with the third notice of violation
issued to the same property owner within a twelve-month period and
shall include a copy of the prior two notices and all supporting documentation
and this chapter.
B.Â
Civil penalty. In addition to and not in lieu of any other remedy,
any person failing to comply with a lawful order pursuant to this
chapter or committing an offense against any provision of this chapter
in addition to the cost of remedy imposed by the Village Board, shall
be issued an appearance ticket to appear before the Village Magistrate
and be subject to a civil penalty enforceable and collectible by the
Village not exceeding $250 upon conviction for a first offense, $350
upon conviction for a second offense committed within any twelve-month
period after a first offense has been committed, $500 upon conviction
for any further subsequent offense committed within any twelve-month
period after a first offense has been committed. A copy of the appearance
ticket accompanied by an affidavit of service shall be delivered to
the Justice Court Clerk prior to the appearance date.
C.Â
Criminal penalty. Any person who shall violate any of the provisions
of this chapter, in addition to the civil penalties contained herein,
shall, upon conviction, be guilty of a misdemeanor subject to a fine
not exceeding $1,000 and up to 15 days in prison.
D.Â
Nothing contained herein shall limit the Village's remedies
under the law.
A written report shall be made by the Code Enforcement Officer
or Building Inspector to the Board of Trustees of the violations issued
to property in violation of this chapter and the status of said violations.
Said report shall be delivered to the Board of Trustees upon a schedule
determined by resolution of the Board and modified from time to time
in the same manner.
