AUTHORITY
This Local Law is hereby adopted pursuant to the authority granted the Town of Northampton in Section 10 of the NYS Municipal Home Rule Law and in Sections 130 (15) and 130 (6) of the Town Law.
1. PURPOSE
The purpose of this Law is to provide for an attractive, sanitary and hazard free environment for the citizens of the Town of Northampton. The Town of Northampton Town Board hereby declares that a clean, safe, wholesome and attractive environment is of vital importance to the continued welfare of its citizens. Regulation of blight is necessary to protect the community from potential hazards to property and persons, to protect water resources, and to preserve and protect the aesthetic qualities and property values of the Town of Northampton.
2. DEFINITIONS
As used in this Local Law, the following terms shall have the meaning indicated:
APPLIANCE: includes any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment.
BUSINESS UNIT: A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including, but not limited to offices, places of public assembly, shopping centers, restaurants, supermarkets, retail stores, gasoline stations and other business uses.
DEBRIS: The remains of something broken down or destroyed. An accumulation of loose detached fragments, materials or carelessly discarded refuse, rubbish or litter.
GARBAGE: Any refuse from animal and vegetable matter, waste food or part thereof, refuse from kitchen, market store or house, floor sweeping, table waste or animal or vegetable matter, meat, fish, bones and all organic waste substance or substances capable of decay.
INFESTATION: The presence of rodents, vermin or other pests.
JUNK MOBILE HOME: Any enclosed dwelling built upon a chassis, motor vehicle, or trailer used or designed to be used for either permanent or temporary living and/or sleeping purposes which meets the following conditions:
1. it is abandoned as a dwelling unit, or
2. it is no longer habitable for residential occupancy, as defined in the
Residential Code of NYS
LITTER: Garbage, refuse, rubbish, junk and junk motor vehicles as herein defined and all other waste material which, if thrown or deposited in a manner prohibited by this law, creates a danger to public health, safety and welfare, whether for sale or not.
LOT: A plot, tract, premises or parcel of land with or without buildings or structure located thereon.
MOTOR VEHICLE: All vehicles propelled by power other than muscular power intended for use on public highways, waterways or off road. For the purposes of this law, motor vehicle shall include but not be limited to automobile, bus, construction equipment, truck, tractor, motor home, motorcycle, snowmobile, backhoe, bulldozer, boat, personal watercraft, aircraft and all terrain vehicles.
JUNK MOTOR VEHICLE: All motor vehicles as defined above in such condition or state of repair that it cannot be licensed immediately without extensive repairs; any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on public highways, waterways or off road; any motor vehicle incapable of passing a New York State inspection; any motor vehicle which is normally not operated on public highways that is not in a condition to be moved under its own power and that will no longer function for the purpose for which it was designed. This does not include inoperable farm or construction equipment or machinery retained for the purpose of salvaging usable parts in connection with the ongoing operations of an on site farm, construction business or licensed auto repair business, provided that such items are stored within an aesthetically pleasing enclosed or screened consolidated area out of the public view.
MOTORIZED EQUIPMENT: Included, but not limited to power machines, lawn mowers, or parts that once were attached to motorized equipment.
OUTDOOR STORAGE: Storage other than in a completely enclosed structure with a roof and fully enclosed on all sides, such as a garage or barn; or within a structure with three walls and a roof such as a pole barn.
OWNER: Person(s) having legal title to the property or properties.
PERSONS: One (1) or more persons of either sex, natural persons, corporation, partnership, association, joint stock companies, unincorporated associations, their agents or employees, society clubs and all other entities of any kind capable of being sued.
PRIVATE PROPERTY OR PRIVATE PREMISES: Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the Town of Northampton.
PUBLIC NUISANCE AFFECTING HEALTH: A nuisance which is a thing, act or occupation or use of property, premises, equipment or structure, either private or public, affecting the health of one (1) or more persons.
REFUSE AND RUBBISH: Plastics, combustible trash, including but not limited to paper, cartons, boxes, barrels, tires, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including but not limited to metals, cans, metal furniture, small quantities of rock, brick and concrete, glass, metal fixtures, bottles and street rubbish, street sweepings, dirt, leaves, ashes, dead animals, junk motor vehicles, junk mobile homes, inoperable bicycles or parts thereof, industrial waste, cardboard and similar materials. Also, included in this definition is any item in a condition of which it is no longer operational for the purpose of which it was originally designed for.
RESIDENT: Any person(s) having a residence within limits of the Town of Northampton. Including landlords and tenants. The term shall include any person, firm, partnership, corporation or other association operating an established business within the limits of the Town of Northampton.
RESIDENTIAL PREMISES: a building or combination of buildings used solely for personal living purpose of the occupants thereof, whether as owners or tenants thereof and not used for any business purposes.
SCREENING: A visual barrier (usually of year-round vegetation) or fencing that is sufficiently dense and high enough to conceal from view that which is behind it. A hill or earthen pile that appears to be occurring naturally could be considered screening; a barn, dwelling, fence or other building that shields from public view.
WASTE MATERIAL: Includes, but not limited to, waste produced by industrial or manufacturing process, including food processing waste, lumber scraps and shavings, tires and oil, construction material, concrete, rocks, bricks, sand, and any other waste from building operations.
YARD: an open space on the same lot, which contains a building and is located between the building line and the lot line which a particular building line faces.
3. GENERAL REQUIREMENTS
All residential and commercial premises located within the Town of Northampton, whether improved or vacant, shall be maintained in conformity with the provisions of this Law.
4. APPLICABILITY
The provisions of this Law shall supplement all Local Laws, Ordinances, Codes or requirements existing in the Town of Northampton and other statutes and regulations of municipal and state authorities having jurisdiction applicable thereof. In the event any term, provision, paragraph or article of this Law should be in conflict with any term, provision, paragraph or article of any other statute, Law, resolution and/or rules for the Town of Northampton, the document with the stricter term, provision, paragraph or article will apply and be legal, valid and binding.
5. OPEN AREAS
5.A. Yards and vacant lots shall be kept clean and free of physical hazards, vermin or rodent infestation or other pests. They shall be maintained in a manner that will reasonably prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools, septic tanks or cisterns shall be securely closed or barricaded from access to the public.
5.B. Fences and other minor construction shall be maintained in a safe and substantial condition and shall comply with the standards of the Towns Zoning Ordinance.
6. BUSINESS UNITS
All garbage, crates, rubbish, refuse or debris, shall be kept inside the building or buildings on the premises or out of view of others and shall be regularly collected and removed from the premises.
7. INFESTATION AND SCREEN
7.A. Grounds, buildings and structures within the Town of Northampton shall be maintained free of vermin or rodent infestation or other pests. Methods used for exterminating vermin, rodents or other pests shall conform with generally accepted methods that comply with all applicable State and Local Laws.
7.B. Where the potential for vermin or rodent infestation or other pests exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
8. LITTERING
8.A. Residential and business premises within the Town of Northampton, whether improved or vacant, shall be maintained free of litter, provided, however, that this section shall not prohibit the storage of litter awaiting regular weekly pickup in authorized private receptacles for collections.
8.B. Adequate sanitary facilities and methods shall be used for the collection, storage, handling, disposal of garbage and refuse in accordance with the provisions of applicable codes, rules and regulations.
8.C. It shall be unlawful for any person to throw, spill, place, deposit, leave or cause to be thrown, spilled, placed, deposited or left, or allow or permit any agent, servant or employee to throw, spill, place, deposit or leave, in or upon any street, highway, right of way, alley, sidewalk, park or public building or in any running water or body of water within the Town of Northampton any garbage, refuse, rubbish, debris, waste material, litter or filth, including but not limited to sewage, excrement, dead carcasses, compost, ashes or any material subject to be carried away by the wind, water or other matter of any kind.
9. OUTDOOR DEPOSIT OR STORAGE OF WASTE, APPLIANCES, JUNK MOTOR VEHICLES, JUNK MOBILE HOMES AND OTHER ITEMS.
9.A. It shall be unlawful for any person, as owner, occupant, lessee, agent or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors within public view any abandoned, junked, discharged, wholly or partially dismantled unregistered motor vehicles, vehicles, trailers, mobile homes, motorized equipment, appliance, rubbish or debris as defined in this Article upon private, semi-private or public property within the limits of the Town of Northampton. No more than one unregistered motor vehicle may be stored on the premises within public view.
9.B. No appliance may be discarded, abandoned or stored on the premises within public view. Any appliance that is being stored or awaiting disposal in a place accessible to children must have all doors completely removed.
10. MAINTENANCE OF PROPERTY
Nothing in this Law shall prohibit the temporary storage of garbage, refuse and waste materials awaiting regular weekly removal via municipal services, private contract, or by other means provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable, nor shall this Law prohibit the depositing of manure or fertilizer upon private property for the purpose of cultivating or improving the same.
11. DUTIES OF OWNERS, OCCUPANTS AND/OR TENANTS
11.A. An occupant or tenant of the premises shall be responsible for compliance with this Law as if they were an owner.
11.B. Owners of premises shall be responsible for compliance with the provisions of this Law and shall remain responsible therefore regardless of the fact that this Law may also place certain responsibilities on tenants or occupants and regardless of any agreement between owners and tenants or occupants as to which party shall assume such responsibility.
11.C. Whenever any person or persons shall be in actual possession of, or have charge, care or control of any property within the Town of Northampton as executor, administrator, trustee, guardian, operator or agent, such person or persons 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 of any order or decision of the Code Enforcement officer 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.
12. INSPECTIONS
12.A. The Code Enforcement Officer of the Town of Northampton or his designee as designated by the Town Board of such Town, shall have authority, as specified herein, to inspect all premises within the Town of Northampton to enforce the provisions of this Law.
12.B. Whenever it shall appear that the provisions of this Law are being violated, the inspector, shall except upon plain view where no entry is necessary, secure approval from an owner, lessee, agent, tenant, or other person(s) with authority, to make inspection of the property and shall prepare a written report to include an inventory of violations with accompanying photos and of the conditions found.
13. NOTICE OF VIOLATION
13.A. If the condition existing on the property violates the provisions of this Law, the Enforcement Officer shall serve or cause to be served, a written notice, by mail or personal service, upon the owner, lessee, agent, tenant or other person(s) who have authority over said premises.
13.B. Said notice shall contain substantially the following: The name of the owner, lessee, agent, tenant or other person with authority over the premises; the identification of the premises as the same appears on the current assessment roll of the Town of Northampton; a statement containing a copy of the written report of the condition of the premises as found on the inspection; a demand to maintain property in compliance with said Law and/or that the motor vehicle, motorized equipment, litter, appliance, rubbish, refuse, or debris be removed from the premises on or before ten (10) days after the service of such notice.
13.C. That upon the failure of the owner, lessee, agent, tenant, or other person with authority over the premises to correct the violation after receipt of the ten (10) day notice, the enforcement officer shall file a complaint with the Town of Northampton Justice Court. The enforcement officer shall also request that a copy of said inspection be publicly posted until such time that all violations have been resolved. The Town Board may also maintain an action with or restrain by injunction the violation of any section of the Law.
14. PENALTIES
A violation of any section of this Law, or a failure to comply with any notice of violation of any section of this Law, is declared to be an offense, punishable by a fine of not less than one hundred fifty dollars ($150) nor more than three hundred fifty dollars ($350) or imprisonment for a period not to exceed six (6) months, or both for conviction of the first offense; a conviction for a second violation of the same section or any other section of this Law committed within a period of five (5) years shall be considered a second offense, punishable by a fine of not less than three hundred fifty dollars ($350) nor more than seven hundred dollars ($700) or imprisonment for a period not to exceed six (6) months, or both; and, upon a conviction for a third or subsequent violation of the same section or any other section of this Law offense committed within a period of five (5) years shall be considered a third offense, punishable by a fine not less than seven hundred dollars ($700) nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six (6) months, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this Law shall be deemed misdemeanors and for such purpose only all provisions of the law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation. In addition thereto, the Town shall have such other remedies as are provided by law to restrain, correct, or abate any violation of this Law.
15. FAILURE TO COMPLY; WORK DONE BY TOWN
In the event of the failure, refusal or neglect of the person or owner to comply with a notice of violation or any order of the Town Board (or agent acting on behalf of the Town Board) or Town Court, and after the hearing, the Town Board may provide for the removal of any such materials either by town employees or by contract.
16. LEVY AND COLLECTION OF TOWNS EXPENSES
All expenses incurred by the town in connection with the proceedings to collect and dispose of any materials shall be assessed against the land on which such materials are located and shall be levied and collected in the manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
17. SEVERABILITY
In the event that any clause, sentence, paragraph, section or article of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid or illegal, such judgment shall not affect, impair or invalidate any other term, provision, paragraph or the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered.
18. EFFECTIVE DATE
This Local Law shall become effective immediately upon its filing with the Secretary of State of the State of New York in accordance with Section 27 of the Municipal Home Rule Law.