Loading...
HomeMy WebLinkAboutLocal Law 5 2013 filing form-Provide for Regulation for the Care and Mowing.pdf New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City Town X Village (Select one:) of _____Village of Cayuga Heights____________________________________________ Local Law No. __5______ of the year 2013___ A local law (Insert Title) A LOCAL LAW TO PROVIDE FOR REGULATIONS FOR THE CARE AND MOWING OF PROPERTY. Be it enacted by the ____Board of Trustees________________________________ of the (Name of Legislative Body) County City Town x Village (Select one:) of ______ Village of Cayuga Heights _____________________________________________ as follows: See Attached Page 1A-4A (If additional space is needed, attach pages the same size as this sheet, and number each.) VILLAGE OF CAYUGA HEIGHTS Proposed Local Law 5 of the year 2013 A LOCAL LAW TO PROVIDE FOR REGULATIONS FOR THE CARE AND MOWING OF PROPERTY Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The purpose of this Local Law is to provide a minimum standard for the maintenance of the exterior grounds of all properties within the Village of Cayuga Heights. This Local Law is intended to help provide stable and inviting neighborhoods and businesses and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unhealthy or hazardous conditions. This Local Law is also intended to ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests. The adoption and enforcement of this Local Law is intended to serve as deterrent to substandard exterior property maintenance and as a tool for protecting property investment, the tax base and the health, safety and welfare of all Village residents. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided for in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III DEFINITIONS A. Bulk Items. Items and materials, including furniture (other than outside furniture such as aluminum and plastic yard furniture), house furnishings and large appliances, such as refrigerators, stoves, washing machines and clothes dryers. B. Garbage. Discarded materials generated from the activities of a household, business, institution, or public or quasi-public facility, consisting of: 1. Food wastes, including but not limited to kitchen and table scraps, decaying or spoiled vegetable, fruit and animal matter, and fallen fruit. 2. Any other used or discarded waste materials such as paper, plastic, metal, rags, food wrappings and containers, sweepings, rubber, leather, cloth, clothing, waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, ashes, wood, and glass. Page 1A 3. Note: "Garbage" does not include properly prepared and stored recyclable materials or collectible yard wastes, properly stored and maintained composting materials, rubble and bulk items. C. Grounds and Exterior Property. Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement. D. Litter. Improperly discarded material consisting of but not limited to paper and plastic bags, bottles, cans, bottle caps, containers, garbage, paper, newspaper, pieces of paper, paper and plastic cups, wrappers, articles of clothing, cigarette butts, toilet paper, or any other trash disposed of on the grounds, bushes or trees of a property. E. Natural Woodlands. Natural woodland is an area covered in trees. Woodlands allow sunlight to penetrate between the trees, limiting shade. Woodlands may support an understory of shrubs, herbs, or grasses. F. Public View. Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties or properties within 100 feet of the subject property. G. Rubble. Waste material typically resulting from construction, demolition and major renovation activities, including but not limited to waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window frames and any similar material. H. Yard Waste. Hedge trimmings, limbs, branches and vines that meet the criteria for Village pick up of such items on a periodic basis. SECTION IV STANDARDS FOR GROUNDS AND EXTERIOR PROPERTY A. It shall be the duty and responsibility of all property owners, care takers or individual(s) residing on such property within the Village of Cayuga Heights to keep their property in a sanitary condition, free from bulk items, garbage, litter and rubble within public view. 1. Bulk items, garbage and rubble placed at the street front for collection by Village services or other waste haulers shall not constitute a violation of this ordinance as long as they are not placed more than 48 hours before collection. 2. The size of containers and conditions in which bulk items, garbage, yard waste and rubble are presented for collection by Village services shall conform to rules and regulations as adopted by the Village Board of Trustees. Page 2A B. It shall be the duty and responsibility of all property owners, care takers or individual(s) residing on such property within the Village of Cayuga Heights to keep the grass, weeds or other vegetation on the grounds and exterior property maintained so that the height of the vegetation is limited to 10 inches, except for trees, bushes and other vegetation planted, maintained or kept for some ornamental or other useful purpose. 1. Natural woodlands shall be considered an ornamental or useful purpose. 2. Trees, bushes and other plantings shall conform to rules and regulations as adopted by the Village Board of Trustees. SECTION V PENALTIES FOR VIOLATIONS A. A violation of this Local Law is hereby declared an offense. A conviction for a violation shall be punishable by a fine of $50 for the first offense. B. A conviction by any individual for a given property address for a second time within a six- month period shall be punishable by a fine of $100. C. For the third or subsequent conviction of this Local Law within a 12 month period the violation shall be punishable by a fine of $200. D. If personal contact with the property owner, care taker or individual residing on such property cannot be made after a reasonable time and effort, the Village Board of Trustees shall cause the work to be done and assess the expense, including time of supervising officials, against the property. E. Any violation that is not corrected within 120 hours of issuance of a citation shall constitute a separate violation. The Village has the burden of proof to establish repeat violations. SECTION VI SUPERSEDING EFFECT All ordinances, local laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. SECTION VII VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Page 3A SECTION VIII EFFECTIVE DATE This Local Law shall be effective immediately upon filing in the office of the Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Page 4A (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. __5_of 2013_ of the (County)(City)(Town)(Village) of Cayuga Heights was duly passed by the Board of Trustees on September 9, 2013_, in accordance with the applicable(Name of Legislative Body) provisions of law. 2. (Passable by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as l ocal law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed du ly adopted on (Elective Chief Executive Officer*) on ______________________ 20____, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deeme d duly adopted on (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ______________________ 20____, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. _______ of 20 ____ of the (County)(City)(Town)(Village) of __________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the __________________ on _________ 20____. Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20 ____, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto , designated as local law No. ___of 20 ___ of the City of __________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ________________ 20_____, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the County of _________State of New York, having been submitted to the electors at the General Election of November ______ 20 ____, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ________ above. ____________________________________ Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body September 10, 2013 (SEAL) Date: _______________________________ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ___________________________________ Signature Village Attorney _______________________________________________ Title County City Village of Cayuga Heights Town of _______________________________________ Village DATE: ________________________________________