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HomeMy WebLinkAbout1979 LL 4 - Property Maintenance LOCAL LAW #4 - 1979 REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN OF ITHACA . . . . . . . . . . . PREAMBLE. While this Law does give the power to the Town officials to determine whether or not this Law has been violated, it is expected that, in general, the inspection of the property and the determination as to whether or not the Law has been vi6lated will be made after a written complaint by neighbors, or other persons in the community, who are directly or indirectly affected by the con- dition of a property. It is expected that people will maintain their properties in a responsible manner and that property owners will respond sensitively and responsibly to the concerns of their neigh- bors. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ITHACA, AS FOLLOWS: Section 1. PURPOSE. The purpose of this Law is to promote the general health, safety and welfare of the residents of the Town of Ithaca and to protect the value of real property in the Town of Ithaca and to promote and perpetuate the attractive appearance of neighborhoods in the community, by requiring proper maintenance of real property within the Town of Ithaca. Section 2. PROHIBITED ACTS. (a) It shall be a violation of this Local Law for any owner, or other occupant or person having control of real property in the Town of Ithaca to deposit, abandon, maintain, keep or allow the accumulation on his real property, out- side of any building, of any junk, trash, rubbish, garbage, refuse, debris, discarded materials, and any other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare or creates degradation through unsightliness or noisomeness. Examples of such materials are as follows: i. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and con- sumption of food; ii. Putrescible and nonputrescible solid wastes, (except body wastes) , such as garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes; iii. Nonputrescible solid wastes consisting of both com- bustible and noncombustible wastes, such as felled or cut trees, limbs, lumber and construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery and similar materials. iv. Any antomobile, boat, snowmobile, vehicle, or other such device, which is in a state of disrepair or is otherwise dilapidated, broken or abandoned. v. Abandoned, discarded, broken, or inoperable refrigerators, washing machines or other machinery or parts thereof. Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned. Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section. 4'0 (b) Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this Law to maintain on real property items of the kind and nature set forth in subsection (a) above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighboring properties or from a highway; with- out limiting the foregoing, storage in a front yard as defined in the Town Zoning Ordinance, Law or Regulations is forbidden. Section 3. VIOLATIONS. A violation of this Local Law shall be a violation as defined in Section 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or a sentence of imprisonment not to exceed fifteen (15) days, or both. Section 4. ENFORCEMENT. (a) The building inspector or zoning officer of the Town of Ithaca are hereby authorized to enforce the provisions of this Local Law. (b) Upon receiving a complaint or upon any inspection of a property, the building inspector or zoning officer shall determine whether or not there appears to be a violation of this Local Law. Upon determining that this Law has been violated, the building inspector or the zoning officer shall give the owner of the real property or other Person charged with the maintenance of the property written notice setting forth the nature and existence of the violation, and the provisions of this Law violated, and directing that the violation be terminated or corrected within 14 days of the date of such notice. Such notice shall be given personally to the owner, lessee, occupant or other person required to maintain the property within the County of Tompkins, or by post- ing a copy of the notice in a conspicuous place on the real property, or by mailing the same to the address of the real property or that listed by the owner for the receipt of tax bills. (c) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the building in- spector or zoning officer may file a written complaint, signed by the complaining party, specifying the conditions, acts or omis- sions constituting a violation of this Law, the address of the real property where the violation is taking place, the name and address of the owner, occupant, lessee, tenant and/or other party having control of the real property, with the Town Justice and shall issue, and serve on the real property owner an appearance ticket requiring his or her appearance in court. The building inspector or zoning officer shall also file proof of compliance with subsection (b) above. In the alternative, the building inspector or zoning officer or any complaining or aggrieved party may file a written complaint, signed by the complaining party, with the Town Justice specifying the conditions, acts, or omissions constituting a violation is taking place, the name and address of the real property owner, occupant, lessee, tenant or other party having control of the real property, and facts showing compliance with subsection (b) of this section. Upon receipt of such complaint, the Town Justice may issue a writ- ten summons directing the property owner or other responsible Party to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. Section 5. EFFECTIVE DATE. This Local Law shall take effect immediately. Duly adopted by the Town Board of the Town of Ithaca, September 10, 1979.