[HISTORY: Adopted by the Board of Trustees
of the Village of Alexandria Bay 11-23-1999 by L.L. No. 4-1999. Amendments noted where applicable.]
This chapter shall be known as the "Village
of Alexandria Bay Property Maintenance Law."
This chapter shall apply to all residential,
commercial and industrial premises within the Village of Alexandria
Bay, whether improved or vacant.
As used in this chapter, the following terms
shall have the meanings indicated:
A building, or combinations of buildings and structures,
and the lot on which it is located used wholly 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.
A building, or combinations of buildings, and the lot on
which it is located used wholly or in part for retail or wholesale
distribution of products or services.
A putrescible or decayable waste, except sewage and body
waste, including vegetable and animal offal, carcasses of dead animals
and all substances accumulated on or removed from public and private
establishments and properties, including residences.
A building, or combination of buildings and structures, and
the lot on which it is located used wholly or in part for the manufacturing,
fabricating or processing of goods to make such goods ready for distribution.
Garbage and rubbish as herein defined and all other waste
material.
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon.
A one-, two- or multiple-family building or structure and
the lot on which it is located, whose purpose is principally to house
or occupy families or individuals.
An open space on any lot whether occupied or not.
A.
No owner or occupant of a lot shall allow garbage
or litter to accumulate upon such lot for a period in excess of one
week. Garbage or litter which is stored in appropriate receptacles
shall be permitted, provided that the owner or occupant of the lot
has made arrangements for regular removal of all garbage and litter
contained in those receptacles on at least a biweekly basis.
B.
No owner or occupant of a lot shall allow grass or
weeds to grow to a height in excess of 12 inches on a front or side
yard, except as a part of a clearly defined landscaping plan. It is
the responsibility of every owner or occupant of a lot to provide
for proper mowing and lawn maintenance. This requirement is imposed
in order to eliminate or reduce insects, vermin and other infestations
in the Village.
A.
No owner or occupant of a lot or building shall allow
any building or part of a building to have improperly or unsecured
objects or materials about it, which objects or materials could fall
or be blown from the building into any public area.
B.
Every owner of property in the Village shall maintain
the sidewalks which abut his/her property and keep the same free of
obstruction and maintain retaining walls adjacent to the sidewalks,
along the street adjacent to his/her property at all times. All maintenance
and repair of sidewalks will be done in accordance with specifications
developed from time to time by the Village of Alexandria Bay Board
of Trustees. This obligation shall include removal of brush, limbs,
trees, and other vegetative materials that may encroach on or over
sidewalks in a manner which would obstruct or impede free access to
the sidewalk areas by pedestrians.
[Added 2-12-2002 by L.L. No. 1-2002]
A.
Every owner of property in the Village shall maintain
the sidewalks and keep same free of obstruction, and maintain retaining
walls adjacent to the sidewalks, along the street adjacent to their
properties at all times. All maintenance and repair of sidewalks shall
be done in accordance with specifications developed from time to time
by the Village Board of Alexandria Bay.
B.
If upon inspection the Village of Alexandria Bay determines
a sidewalk or retaining wall adjacent to the sidewalk is in need of
repair, it shall properly notify the property owner, in writing, of
such requirement and require that corrective work be commenced within
30 days. If the property owner contests such finding, the owner must
submit a written protest to the Board of Trustees within 20 days of
such notice. Thereafter the Board of Trustees shall hold a hearing
to determine whether such repair is required.
C.
Any notice required by this section to be given to
a property owner shall be deemed to have been properly made, if made
by certified mail, return receipt requested, to the purported owner
of the property as shown on the last completed tax roll of the Village,
at the address for the property owner shown on that tax roll.
D.
In the event that the property owner has not performed
the necessary repair or maintenance work within the time provided
for by the Village, same may be extended or, in the event that a hearing
is requested, following the hearing and a determination by the Board
of Trustees that such work is required, the Board of Trustees of the
Village of Alexandria Bay may arrange to have such repair work done
on the sidewalk and/or retaining wall and charge the same as a special
assessment on the next Village tax bill. The cost of any expenses
incurred by the Village in performing such work shall be considered
a lien against the property.
A.
Owners of any lot or building shall be responsible
for any violation which occurs on that lot, whether or not that owner
actually occupies the lot or building. In addition to the responsibilities
of the owners, any occupant of a lot or building may also be responsible
for the condition of that lot and subject to the penalties of this
section.
B.
The Code Enforcement Officer of the Village of Alexandria
Bay is hereby empowered to enforce this chapter.
C.
The Code Enforcement Officer shall give notice to
any owner or occupant of a lot or building of any violation of this
chapter. Such notice shall specify the nature of the violation and
the action needed to correct the violation and shall state a reasonable
period of time in which to do so. The notice shall further state that,
in the event that the owner does not correct the condition within
the specified time, other enforcement action will be taken in accordance
with this chapter.
D.
Action required by noncompliance and emergencies.
(1)
In the event that the owner or occupant of the lot
does not comply with the violation notice within the time set by the
Code Enforcement Officer, the Code Enforcement Officer shall report
the same to the Village Board. The Village Board shall, except in
the event of an emergency, thereupon direct a notice be served upon
the occupant stating that if the condition is not remedied within
an additional reasonable period of time, not less than 10 days nor
more than 30 days as established by the Village Board, the Village
Board shall seek further enforcement under this chapter, which enforcement
may include one or more of the following:
(a)
The hiring of appropriate individuals to perform
the necessary work. In the event that this option is elected by the
Village Board, the Village Board will charge back all costs to the
owner or occupant, and if the same are not paid by the owner or occupant,
the same may be added to the tax bill for the property as a special
assessment.
(b)
The Village may seek the imposition of a monetary penalty in a court of competent jurisdiction as set forth in Subsection E.
(c)
The Village may seek injunctive relief in a
New York Supreme Court.
(2)
In the event of an emergency, the Village Board, upon
determining that such emergency exists, may take immediate corrective
action without further notice to the owners or occupants.
E.
Any person, firm or corporation which shall be found
to be in violation of the provisions of this chapter shall be guilty
of an offense which shall be punishable by a fine of not more than
$250 or by imprisonment for a period of not more than 15 days, or
both such fine and imprisonment. Each week of continued violation
shall be considered a separate offense.
