[HISTORY: Adopted by the Board of Trustees of the Village of Oxford
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
It is the purpose of this chapter to assist in the continued revitalization
of areas throughout the village to attract new businesses, promote the public
interest in continued development, ensure regular maintenance and improvements
to present structures, safeguard against blight and preserve property values
and community standards and to establish minimum maintenance standards to
safeguard life, limb, health, safety, property and the public welfare in the
best interest of the residents of the Village of Oxford.
It is found and declared that, by reason of lack of maintenance and
progressive deterioration, structures and properties have the further effect
of creating blighting conditions and initiating slums and that, if the same
are not curtailed and removed, the aforesaid conditions will grow and spread
and will necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same. By reason of timely regulations and restrictions,
as herein contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability and
amenities of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As in this chapter, the following terms shall have the meanings indicated:
A subordinate building located on the same lot with the main building,
occupied by or devoted to an accessory use. Where an "accessory building"
is attached to the main building in a substantial manner, as by a wall or
roof, such "accessory building" shall be considered part of the main building.
Any structure having a roof supported by columns or by walls and
intended for shelter, housing, protection or enclosure of persons, animals
or property. Depending upon its applicability, the use herein of "building"
shall include the term "structure."
The officer employed by the Village of Oxford to enforce the State
Uniform Fire Prevention and Building Code previously adopted by said village.
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence
of physical decay or neglect, excessive use or lack of maintenance.
A building or portion thereof containing three (3) or more dwelling
units and designed or used for occupancy by three (3) or more families living
independently of each other.
Any premises or open space or any part thereof or any building or
structure that may be lawfully viewed by any member of the public from a sidewalk,
street, alleyway or from any adjoining or neighboring premises.
Those portions of a building that are exposed to public view and
the open space of any premises outside of any building erected thereon.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
Any person who has charge, care or control of a building or part
thereof.
Includes any person having individual or joint title to real property
in any form defined by the laws as an estate or interest therein, whether
legal or equitable and however acquired.
Includes an individual, a partnership, a joint venture, a corporation,
an association and any other organization recognized as an entity by the laws
of the State of New York.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or affixed
thereto.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
A combination of materials assembled, constructed or erected at a
fixed location, including, for example, a building, stationary and portable
carports and swimming pools, the use of which requires location on the ground
or attachment to something having location on the ground.
The Village of Oxford.
The officer employed by the Village of Oxford to enforce the zoning
laws of the Village of Oxford and this chapter.
A.
This chapter establishes certain minimum standards for
the initial and continued occupancy and use of all structures and does not
replace or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment or facilities
contained therein, as are required by the New York State Uniform Fire Prevention
and Building Code.
B.
In any case where a provision is found to be in conflict
with any applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the Village of Oxford, County of Chenango, State of
New York or United States of America, the provision that establishes the higher
standard, as determined by the Zoning Enforcement Officer, shall prevail.
The exterior of the premises and the condition of structures shall be
maintained so that the premises and all buildings shall reflect a level of
maintenance in keeping with the standards of the community and shall not constitute
blight from the point of view of adjoining property owners or lead to the
progressive deterioration of the neighborhood. Such maintenance shall include,
without limitation, the following:
A.
Foundations, porches, decks, steps and walls shall be
in good condition.
B.
Vent attachments shall be safe, durable, smoketight and
capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and fire
escapes shall be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D.
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those whose
supports have deteriorated so that they no longer meet the structural requirements
of the New York State Uniform Fire Prevention and Building Code shall, with
their supports, be removed or put into a good state of repair. All nonoperative
or broken electrical signs shall be repaired or shall, with their supports,
be removed. Signs denoting a business which is no longer on the premises shall
be removed within thirty (30) days of the date on which the business ceases
to occupy the premises.
E.
All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of any nature.
Unoccupied storefronts shall be maintained in a clean and neat appearance.
F.
Any awnings or marquees and accompanying structural members
shall be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and are exposed
to public view, such material shall not show evidence of excessive weathering,
discoloration, ripping, tearing, holes or other deterioration. Nothing herein
shall be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
G.
All vacant buildings shall be continuously guarded or
sealed and kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Zoning Enforcement
Officer as to color, design and building material. Owners of such buildings
shall take such steps and perform such acts as may be required 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 and that such property does
not become infested with vermin or rodents.
H.
Exterior walls, including doors and windows and the areas
around doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. 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.
I.
All exposed exterior surfaces shall be maintained free
of broken or cracked glass, loose shingles or loose or crumbling stones or
bricks, loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance. Said conditions
shall be corrected by repair or removal. All exposed exterior surface of structures
not inherently resistant to deterioration shall be coated, treated or sealed
to protect them from deterioration or weathering. Wood, masonry or other exterior
materials that will naturally resist deterioration do not have to be treated
but must be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained in
a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs and fixtures
of buildings shall be maintained in a clean, safe, sanitary condition. Every
floor, exterior wall, roof, 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.
J.
Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building shall
be maintained in a safe and operable condition and shall not drain onto a
public sidewalk, walkway, street, alleyway or adjoining property.
K.
Lawns shall be cut, and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
A.
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.
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
and necessary repairs or replacement carried out.
D.
Yards and vacant lots shall be kept clean and free of
physical hazards and rodent haborage 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.
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.
No more than one (1) unregistered vehicle may be stored
on the premises, and said vehicle must be capable of passing a New York State
motor vehicle inspection. This subsection shall be enforced by the Village
Police Department.
A.
Business units shall at all times be maintained in compliance
with the provisions of this chapter regulating open spaces, buildings or structures
and littering.
B.
No materials or stock-in-trade, garments, shoes or other
wares may be stored or displayed in a front or exterior or interior side yard
except for motor vehicles for sale at a permitted motor vehicle sales establishment.
No soft drink or other vending machines, ice machines or the like may be placed
in front of a building on a public sidewalk. Specifically excluded herefrom
are chairs and tables used in connection with a sidewalk cafe or restaurant,
provided that there shall be sufficient sidewalk passage for pedestrians.
Materials may be stored in a rear yard, provided that a storage area therein
is completely enclosed within a six-foot-high solid fence or evergreen hedge
of equivalent height and that the storage area does not infringe on or obstruct
vehicle parking or maneuvering areas.
C.
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.
D.
No shopping baskets, carts or wagons shall be left unattended
or standing in open areas, and the same shall be collected at the close of
business each day by the occupant of such unit and moved to the interior of
the building or buildings.
E.
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, except in an industrial zone.
F.
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.
G.
Persons owning or occupying property shall keep all walkways,
public or private, abutting said premises free from litter and trash of whatever
nature.
A.
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 to generally accepted
practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall be closed
or appropriately screened with wire mesh or other suitable materials.
C.
No materials, goods or supplies may be stored in any
front yard or in an exterior or interior side yard. Materials may be stored
in a rear yard, provided that the area used for storage is screened from neighboring
properties by a fence or hedge and that the method and manner of storage complies
with the other provisions hereof.
A.
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 appropriate
private receptacles for collection.
B.
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 codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are collected
shall provide refuse containers sufficient in number to hold all collectible
wastes which may accumulate. Containers must be rodent- and insectproof and
watertight and must be kept covered at all times. Such containers must not
be kept in a front yard or exterior side yard.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing any locking
or latching devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping, hedges, fences or
screening. This section shall not apply to receptacles for clothing and the
like donated to charity.
E.
Shopping centers, supermarkets and similar business units
shall provide permanent, attractive, decorated litter receptacles within the
premises for public use in sufficient quantity so that a person will not have
to walk in excess of fifty (50) feet to use any such receptacle.
An occupant of premises shall be responsible for compliance with this
chapter in regard to the following:
A.
Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
B.
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.
C.
Keeping exits from the building or occupant's portion
thereof clear and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable provisions
of the village.
E.
Extermination of insects, rodents or other pests within
the premises.
F.
Maintenance of yards, lawns and courts in a clean, sanitary
and safe condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts thereof.
G.
The installation and removal of required screens.
H.
Keeping domestic animals and pets in an appropriate manner
and under control, in accordance with any other regulations of the village.
I.
Elimination of all prohibited uses for that part of the
premises which he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for compliance
with the provisions of this chapter and shall remain responsible therefor
regardless of the fact that this chapter 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.
(2)
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.
B.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the village as executor,
administrator, trustee, guardian, operator or agent, such persons shall be
deemed and taken to be the owner or owners of said property within the intent
and meaning of this chapter and shall comply with the provisions of this chapter
to the same extent as the record owner; and notice to any such person of any
order or decision of the Zoning Enforcement Officer shall be deemed and taken
to be 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 (1) or more violations of this chapter, said occupant shall be deemed
and taken to be an owner within the intent and meaning of this chapter.
A.
The Zoning Enforcement Officer is hereby authorized and
directed to make inspections to determine compliance with this chapter. Inspections
shall be made between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, and every operator or owner shall cooperate with the Zoning Enforcement
Officer in providing access to the premises. Whenever the Zoning Enforcement
Officer determines that there is a violation of the provisions of this chapter,
he shall cause a written notice to be served upon the owner or operator, which
shall include:
(1)
An enumeration of conditions which violate the provisions
of this chapter.
(2)
An enumeration of the remedial action required to meet
the standards of this chapter.
(3)
A statement of a definite number of days from the date
of the notice in which the owner or operator must commence and complete such
remedial action.
(4)
A statement of the penalties for noncompliance, as set
forth herein.
B.
A copy of such notice shall be filed in the Village Clerk's
office, and such notice shall be deemed sufficient if served upon the owner
or operator as follows:
C.
Upon failure to comply with said notice, the Zoning Enforcement
Officer shall issue an appearance ticket returnable in the Village Court.
A.
For purposes of enforcement of this chapter, if work
is being done on the property, either the prime or general contractor or the
owner shall be held responsible.
B.
Materials may be stored in any area of the property upon
which construction is being carried on, provided that the method of storage
and the materials stored are in compliance with the requirements of this chapter.
In no event shall such storage be permitted for a period exceeding one (1)
year.
C.
Drainage crossing the property being developed must be
maintained during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with drainage or to divert
or cause runoff of groundwater or stormwater in an unnatural fashion.
D.
The person responsible as herein specified shall take
all necessary and reasonable steps to ensure that there will not be an unusual
or unwarranted amount of dust and debris blown onto or across neighboring
or nearby properties.
E.
Construction roads must be oiled or kept wet or properly
treated to decrease the spread of dust and mud.
F.
A temporary cover such as rye grass or a mulch must be
applied on land that has been stripped of its protective vegetation during
the course of its construction to prevent the spread of dust and mud.
G.
All excavations in or near a public or private walkway
or street must be properly guarded and protected at all times by lights, flags,
barricades or other warnings sufficient in kind and amount to warn the public
of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric
lines that are weather- and waterproof; such lines must not cross public walkways
or highways on the ground, nor shall they be placed on the ground in areas
subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris such
as broken glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
A violation of any provision of this chapter shall be an offense punishable
by a fine not to exceed two hundred fifty dollars ($250.) or by imprisonment
for not more than fifteen (15) days, or both. For the purposes of this chapter,
each week's continued existence of a violation shall constitute a separate
violation.
