[HISTORY: Adopted by the Town Board of the Town of Monroe 7-17-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
The Town Board of the Town of Monroe hereby determines that it is necessary for the public health, safety and general welfare of the residents of the Town of Monroe to provide regulations whereby all properties within the Town of Monroe outside of the Villages of Monroe, Harriman and Kiryas Joel are kept clean and are properly maintained to avoid blight and are kept free of garbage, rubbish and litter, vermin, and disease-bearing insects, including ticks, mosquitoes and flies. Furthermore, it is found and declared that by reason of a lack of maintenance, certain properties have the further effect of creating blighted conditions such that, if not curtailed and removed, the conditions will grow and impact the entire community. By reason of timely regulations and restrictions, the public health may be protected, blighted areas prevented and the desirability and amenity value of properties maintained.
For the purposes of this chapter, the following terms shall have the meanings ascribed to them. When not consistent with the context, the present tense shall include the future, and words used in the singular shall include the plural and vice versa.
- The controlled decomposition of organic matter such as leaves, grass clippings, hay, vegetable kitchen wastes, sawdust and manure that is often used to fertilize soil in home gardens, flowerbeds, lawns, etc.
- ENFORCEMENT OFFICER
- The individual(s) employed by the Town of Monroe designated by the Town Board to enforce the provisions of this chapter.
- EXTERIOR YARDS
- The open space(s) or area(s) outside a building or structure on the same property or premises and portions of the public right-of-way immediately abutting the property or premises.
- Any animal or vegetable refuse or waste matter resulting from the handling, preparation, cooking and consumption of food.
- The presence, within or contiguous to a building, structure or premises, of insects, rodents, vermin or other pests.
- Any waste material or any other matter attractive to vermin or insects, likely to breed disease or which presents a fire hazard, creates offensive odors or otherwise is prejudicial to good health or is so unsightly of appearance 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.
- Includes any person, agent, operator, firm or corporation 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, a limited liability company, an association and any other organization recognized as an entity by the laws of the State of New York.
- A lot, plot or parcel of land, including any structure or building thereon.
- Land and whatever is erected on, growing on, placed on or affixed thereto.
- Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
- The Town of Monroe.
- TOWN BOARD
- The duly elected Town Board of the Town of Monroe.
- A vehicle without motive power designed for carrying property
and to be drawn by a vehicle with motive power. The term “trailer”
shall include but shall not be limited to storage trailers, truck
bodies, drop-off/pickup storage containers or other vehicle parts
without wheels or axels otherwise originally intended to be used for
commercial purposes.[Amended 12-3-2007 by L.L. No. 3-2007]
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 that constitute violations hereof and to promptly remove, prevent or abate such conditions.
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, occupant or any other third person or entity is also responsible therefor and in violation thereof.
All exterior yards and vacant lots shall be kept free and clear of garbage and rubbish that would tend to encourage rodent or insect harborage and/or infestations or would 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 an adjacent or neighboring property. Notwithstanding the foregoing, a properly maintained composting pile shall not be deemed a violation of this section.
All exterior yards and vacant lots shall be kept free and clear of litter and rubbish so as to prevent the same from being blown about the neighborhood.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and rubbish in accordance with the provisions of Chapter 28 of the Town Code. Each owner of any building from which garbage, rubbish, mixed refuse, ashes or other wastes are collected shall provide rubbish containers sufficient in number to hold all collectible waste that may accumulate. Garbage containers must be rodent-proof, insect-proof and watertight and must be kept covered at all times.
No outside storage or accumulation of garbage, crates, rubbish or debris shall be permitted at any time, and all such garbage, crates, rubbish and debris shall be kept in an acceptable container and shall be regularly collected and removed from the premises.
Garbage dumpsters and similar large receptacles shall be fully shielded from view from the public street by means of appropriate landscaping, hedges, fences, screening or an enclosure. In the event that site conditions of a particular property make compliance with these requirements impracticable, the owner may apply for a waiver from the Town Board. In granting such a waiver, the Town Board shall impose such reasonable conditions as to effectuate the intent of this section to minimize the visibility of such dumpster or similar receptacle.
In no instance shall upholstered furniture, carpeting, mattresses, box springs, clothing or any fabric items, dishwashers, refrigerators, washing machines, dryers, stoves, ovens or any such indoor appliance be located in yards or yard enclosures or on porches where they are subject to weather deterioration or exposed to public view, except when such items are placed curbside for removal pursuant to the Town's bulk pickup standards and schedule.
No materials or stock-in-trade, garments, shoes, equipment, machinery, merchandise or other wares may be stored or displayed in a front yard or exterior or interior side yard, except for motor vehicles for sale at a permitted motor vehicle sales establishment in an appropriate zoning district.
In residential districts, the presence or use of enclosed box storage trailers is strictly prohibited unless, for good cause shown, permission is granted by the Town Board for the temporary use of such trailers.
The duly appointed enforcement officer is hereby charged with the enforcement of this chapter and is hereby authorized to issue notices to remedy and appearance tickets to secure enforcement.
Whenever the enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violations to the person or entity responsible therefor. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly served if a copy thereof is sent by certified mail, return receipt requested, to the last known address of the person or entity upon which the same is served, as shown on the most recent assessment roll of the Town, or a copy thereof is personally delivered to said person or entity or a copy is left at the usual place of abode or office of the person or entity. Notice shall be given as aforesaid within or without the Town. The notice shall also state that unless the violation is abated, cured, removed or prevented within 45 days of the date of service of such notice, exclusive of the date of service, an appearance ticket shall be issued for such violation.
Failure to comply with the direction of the enforcement officer or the Town Board when notice has been provided in accordance with this chapter shall constitute a separate and distinct offense hereunder.
Upon the failure of a person or entity to comply with a notice to correct a condition that violates the provisions of this chapter, the Town Board may, after a hearing, order the condition abated and shall authorize the enforcement officer and/or the Highway Superintendent to take the necessary steps to carry out the Board's order. All costs associated with the abatement of the condition shall be charged to the owner of such real property, which cost shall be assessed and constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied and discharged, and the same shall be collected in the same manner and at the same time as other Town charges.
The removal or abatement of any condition by the Town or its agents shall not operate to excuse the owner or occupant from properly maintaining any premises as required by this chapter, and such owner or occupant shall, notwithstanding such action, be subject to any penalties provided for herein.
Nothing herein shall preclude the Town Board of the Town of Monroe from exercising its statutory powers under § 64(5-a) of the Town Law of the State of New York as it existed on June 27, 2011, or any other lawful remedy. The Town is expressly authorized to act to exercise all powers under such section of state law without waiting 45 days if acting under § 64(5-a) of the Town Law or its successor section of law.
[Added 7-11-2011 by L.L. No. 3-2011]
Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder or shall fail to comply thereunder shall be guilty of an offense and, upon conviction, shall be punishable by a fine of not less than $100 nor more than $250 or subject to imprisonment for 15 days, or both.
Each calendar day a violation shall continue shall constitute and be deemed a separate and distinct offense.
Injunction. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain, by injunction, the violation of this chapter or any order promulgated thereunder.