This Local Law shall be known as the "Property Maintenance Ordinance" of the Village of Cayuga.
1-2. Declaration of Policy
- It is hereby declared to be the policy of the Village Board to provide for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds, or growth of poisonous shrubs or weeds, unsafe buildings, grounds, and sidewalks, and to protect the public health, safety and general welfare of the residents of this Village.
- By this Law the Village Board seeks to remove such dangers to health, life and property by requiring owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, and cut, trim, remove or destroy poisonous shrubs or weeds, unsafe buildings, grounds, and sidewalks, and upon default cause the same to be done and assess the costs against the real properties on which such brush, grass, rubbish, shrubs or weeds are found.
1-3. General Requirements.
All residential, commercial, industrial, and agricultural premises within the Village of Cayuga, whether improved or vacant, shall be maintained in conformity with the provisions of this Law.
1-4. Definitions.
As used in this Local Law, 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 wholly or inpart 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.
- GARBAGE
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- INFESTATION
- The presence of insects, rodents, vermin or other pests.
- LITTER
- 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.
- LOT
- A plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- REFUSE
- All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
- RUBBISH
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, 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 ninety (90) days 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 ninety (90) days.
- SIDEWALK
- A pedestrial walkway, 3 - 4' wide, made of concrete running parallel to the street.
- YARD
- 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.
1-5. Applicability.
The provisions of this Local Law shall supplement local laws, ordinances, codes or regulations existing in the Village of Cayuga and the other statues and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this law 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.
1-6. Open areas and parking spaces.
- 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.
- 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 (includes snow removal during winter). Any holes or other hazards that may exist shall be filled with concrete and necessary repairs or replacement carried out by the property owner.
- Yards 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.
- Overgrown bushes, hedges or low limbs or branches blocking access by pedestrians on the sidewalk, the bushes, hedges, tree branches shall he cut, trimmed or removed to assure free access.
- Street Ditches
Land between sidewalk and the street - the property owner is responsible to keep the property between the sidewalk and street mowed and clear of debris, trash cans, rubbish and free of weeds and junk. In the autumn the homeowner will be responsible for keeping the ditches free of leaves and other debris so water can flow freely to ensure proper drainage of the streets.
- Failure to comply with any of the above, the Village has the option to have the violation corrected and bill the owner accordingly.
1.7. Business Units.
- Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this law 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.
- 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 by destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair.
1.8. Buildings and Structures.
- All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
- Exterior walls, roofs and porches or appurtenances 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 beendamaged 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 represent 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 that they shall not become unoccupied hazards as defined in this chapter. 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.
1-9. Infestation and Screening.
- 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.
1-10. Littering; Abandoned Refrigerators; Receptacles.
- 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 codes.
- 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 fifty (50) feet to use any such receptacle.
1-11. Responsibilities of Occupants.
An occupant of the premises shall be responsible for compliance with this law in regard to the following:
- 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 applicances, 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 Village.
- 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 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.
1-12. Responsibilities of Owners.
- Owners of premises shall be responsible for compliance with the provisions of this law and shall remain responsible therefor regardless of the fact that this law 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 Village 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 law and shall be bound to comply with the provisions of this law to the same extent as the record owner; and notice to any such person or any order or decision of the Building Inspector or Public Works Superintendent 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 (1) or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this law.
1-13. Penalties for Offenses.
A violation of this law or any subsection or provision thereof shall be an offense and shall be punishable by a fine not exceeding fifty dollars ($50) or imprisonment for a period not to exceed fifteen (15) days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation. These penalties shall be in addition to the other remedies of the Village Board provided by this law.
1-14. Enforcement by Village Board.
- Whenever the Village Board learns of any violation of this law, the Village Board will take an action requiring the owner or occupant, or both, as the case may be, of the premises with regard to which a violation has occurred to remedy such violation, specifying the nature of the work to be done and the time within which it shall be completed. A notice of the adoption of such resolution shall be served upon such owner or occupant, or both, by registered or certfled mail addressed to his or their last know address.
- Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Village Board shall authorize the work to be done and pay the cost thereof out of general village funds to be appropriated by the Vilalge Board for such purposes.
- The Village shall be reimbursed for the cost of the work performed or services-rendered, by direction of the Village Board as herein provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered. The expenses so assessed shall constitute a lien and charge on the real properly on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other village charges.
1-15. When Effective.
This law shall take effect ten (10) days after publication as required by law.