A LOCAL LAW REGARDING PROPERTY MAINTENANCE
LOCAL LAW THREE OF 1990
1. Title.
2. Legislative findings.
3. Purpose.
4. Applicability.
5. Higher standards to prevail.
6. Effect on existing remedies.
7. Definitions.
8. Duties of owners, operators, and occupants.
9. Maintenance standards. •
10. Administrative provisions.
11. Violations and penalties.
12. Repealer. .
13. Removal; Charges
1. Title
This chapter shall be known as The "Property Maintenance Law of the
Village of Herkimer" and may be referred to in the short form as
the "Property Maintenance Law" or in this chapter as "this law."
2. Legislative findings.
It is hereby found and declared that there exist in the village
structures and vacant lots which are or may become in the future
substandard with respect to structural integrity, equipment or
maintenance, and further that such conditions, including but not
limited to structural deterioration, lack of maintenance of exterior
premises and vacant lots, infestation, lack of maintenance or
upkeep of essential facilities and utilities, existence of fire
hazards and unsanitary conditions, constitute a menace to the
health, safety, welfare, and reasonable comfort of the citizens and
inhabitants of the Village. It is further found and declared that
by reason of lack of maintenance and ensuing progressive
deterioration certain properties have the further effect of
creating blighting conditions and that, by reason of timely
regulations and restrictions, as herein contained, the growth of
this blight may be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of
dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered.
3. Purpose.
The purpose of this law is to protect the public health, safety and
welfare by establishing minimum standards governing the maintenance
and conditions of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or
creation of hazards to the public health or safety; to avoid,
prevent and eliminate conditions which, if permitted to exist or
continue, will depreciate or tend to depreciate the value of
adjacent or surrounding properties; to prevent the creation,
continuation, extension or aggravation of blight; to fix certain
responsibilities and duties upon owners, operators and occupants of
property; and to provide for administration and enforcement of this
chapter.
4. Applicability.
Every residential and nonresidential structure and the premises on
which they are situated in the Village used or intended to be used
for dwelling, commercial, business or industrial occupancy shall
comply with the provisions of this law, whether or not such
structure shall have been constructed, altered or repaired before
or after the enactment of this law and irrespective of any permits
or licenses which shall have been issued for the use of equipment
or facilities prior to the effective date of this law.
5. Higher standards to prevail.
In any case where the provisions of this law impose a higher
standard than that set forth in any law of the Village or under the
laws of the State of New York, then the standards as set forth
herein shall prevail; but if the provisions of this law impose a
lower standard than any law of the Village or of the laws of the
State of New York, then the higher standard contained in any such
other ordinance or law shall prevail.
6. Effect on existing remedies.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or
structures which are deemed to be dangerous, unsafe or unsanitary.
7. Definitions.
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, be defined as follows:
DETERIORATION - The condition of a structure or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of
maintenance or excessive use.
ENFORCEMENT OFFICER - Except as defined in 10 A, the
Building Inspector or his authorized representative.
EXTERIOR OF PREMISES - Those portions of a building or
structure which are exposed to public view or are visible from
adjoining or adjacent properties, including all outside surfaces
and appurtenances thereto, and the open space on the premises
outside any building or structure erected thereon.
EXTERMINATION - The control and elimination of insects,
rodents or other pests by eliminating their harborage places, by
removing or making inaccessible materials that may serve as their
food by poison spraying, fumigating, trapping or by any other
approved pest elimination methods.
FIRE HAZARD - Any thing or any act which increases or may
cause any increase of the hazard or menace of fire to a greater
degree than that customarily recognized as normal by persons in the
public service of preventing, suppressing or extinguishing fire or
which may obstruct, delay, hazard or hindrance to the prevention,
suppression or extinguishment of fire.
GARBAGE - Animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
NUISANCE - Any public or private condition that would
constitute a "nuisance" according to the statutes, laws and
regulations of the State of New York, any of its agencies or this
law; any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the health or safety of persons on, near or passing in proximity
of the premises where said condition exists.
OCCUPANT - Any occupant, owner, agent, tenant, lessee,
caretaker or other person or corporation in charge of, residing,
living or sleeping in or on the premises of or having actual
possession or use of a business, dwelling unit or rooming unit or
other premises affected by this chapter.
OPERATOR - Any person, persons or entity not the owner, who
has charge, care or control of a structure or a part thereof, with
or without the knowledge, consent or authority of the owner.
PREMISES - A lot, plot or parcel of land, including the
buildings, structures and improvements thereon.
RUBBISH - All combustible and noncombustible waste materials
other than garbage; and the term shall include paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and
the residue from burning wood, coal, coke, or other combustible
material and solid commercial and industrial waste. No chemicals
such as those used in swimming pools, oil, gasoline, or any other
chemical which could cause a fire, explosion or obnoxious gas shall
be considered "rubbish."
8. Duties of owners, operators and occupants.
Owners, operators and occupants shall have all the duties,
obligations and responsibilities prescribed in this chapter, and no
such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor may any such person or entity
assert as a defense against any charge made under this chapter that
another owner, operator or occupant or any other third person or
entity is also responsible therefore and in violation thereof.
9. Maintenance standards.
A. Exterior of premises. The exterior of all premises shall be
kept free from hazards, which include but are not limited to the
following:
(1) Garbage and rubbish, as defined in this law. Garbage
containers will be permitted adjacent to the roadway on the night
before and on the day hours of pickup only. Only garbage and
rubbish resulting from the actual use of the premises may be
permitted on the premises. This section shall be enforced by
police officers as well as the officers defined in section 7.
(2) Unsafe structures: structurally unsafe of unsound
buildings, structures or fences or abandoned, uncovered or
structurally unsound wells, shafts, towers, exterior cellar
openings, basement hatchways, foundations or other excavations.
(3) Discarded appliances: abandoned refrigerators,
boilers, hot-water heaters, television sets and other similar
major appliances.
(4) Natural growth: dead and dying trees and limbs or other
natural growth which, by reason of rotting or deteriorating
condition or storm damage, constitute a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to
prevent such condition.
(5) Overhangings: loose and overhanging objects, whether
natural or man-made, and accumulations of ice and snow which by
reason of location above ground level constitute a threat to the
health and safety of people if caused to fall,
(6) Ground surface hazards: hidden or uncovered ground or
surface hazards, such s holes, sudden depressions, excavations,
sharp or jagged projections or obstructions.
(7) Recurring accumulations of storm waters: stagnant
surface or groundwater accumulations which create of are likely to
create mosquito or other insect breeding areas.
(8) Infestation: rodents, vermin, pest infestations and
conditions causing same.
(9) Nuisances, as defined in this chapter.
(10) Inoperable vehicles: vehicles or parts thereof,
including boats and trailers, motorized or not, regardless of
whether licensed or registered, which vehicles or parts thereof are
or have been abandoned, dismantled or are in a state of visible
disrepair.
B. Structural soundness. Every structure and accessory structure
and every part thereof shall be kept structurally sound and in a
state of good repair to avoid safety, health, or fire hazards,
including but not limited to the following:
(1) Foundation walls: inadequate or unsafe foundation walls,
piers and columns and other similarly unsound, damaged or defective
load-bearing components which are incapable of supporting the
imposed loads safely at all points.
(2) Exterior porches, landings, balconies, stairs, and fire
escapes: structurally unsound, loose, dangerous, crumbling,
missing, broken, rotted or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings,
balconies, stairways, handrails, steps, walls, overhangs, roofs,
fences, supporting members, timbers, abutments, fire escapes, signs
and loose, crumbling or falling bricks, stones, mortar or plaster.
(3) Projecting surfaces: exterior surfaces or parts of
buildings or structures containing sharp, rough or projecting
surfaces or objects which might cause injury to persons coming in
contact therewith.
(4) Windows, doors, etc: broken glass or windows, rotten
missing or substantially destroyed window frames and sashes, door
frames, exterior doors or other junior exterior component parts of
buildings or structures.
(5) Exterior walls, sidings and roofs. Exterior walls,
sidings, gutters and leaders and roof shall be kept structurally
sound, in good repair and free from defects.
(6) Exterior chimneys. Exterior chimneys shall be maintained
structurally sound, free from defects and so maintained as to
capably perform at all times the functions for which they were
designed.
C. Steps, walks, driveways and parking lots. Steps, walks,
driveways, parking lots, parking spaces, and similar paved areas
shall be maintained so as to afford safe passage under normal use
and weather conditions. Any holes or other hazards that may exist
shall be filled, or necessary repairs or replacement shall be
performed promptly.
10. Administrative provisions.
A. Enforcement officer. It shall be the duty and responsibility
of the Building Inspector of the Village to enforcer the provisions
of this law as herein provided. "Building Inspector" throughout
this chapter shall also mean subordinates of the Building Inspector
and all enforcement officers defined in section 7.
B. Coordination of enforcement. Inspection of premises and the
issuing of orders in connection therewith under the provisions of.
This law shall be the exclusive responsibility of the Codes
Enforcement Officer of the Village. Wherever in the opinion of the
building Inspector it is necessary or desirable to have inspections
of any condition by any other department, he shall arrange for this
to be done. No order for connection of any violation under this
law shall be issued without the approval of the Building Inspector,
and it shall be the responsibility of that official of the
government concerned with any matter involved on the case in
question.
C. Inspections. The enforcement officer is authorized to enter
upon any and at any reasonable time for the purpose of performing
his duty under this law.
D. Enforcement procedure. Whenever an enforcement officer
determines that there is or has been a violation of any provision
of this chapter, he shall give notice of such violation to the
person, persons or entities responsible therefore under this
section. Such notice shall be in writing and shall include a
concise statement of the reasons for its issuance. Such notice
shall be deemed to be properly and sufficiently served if a copy
thereof is sent by certified mail, return receipt requested, to the
last known address of the person or entity upon which the same is
served, as shown by the most recent tax records of the
municipality, or a copy thereof handed to said person or persons, or
a copy thereof left at the usual place of abode or office of said
persons or entities. Notice shall be given as aforesaid within or
without the municipality. The notice shall also state that unless
the violation is abated, removed, cured, prevented or desisted
within thirty (30) days of the date of service of such notice
(exclusive of the date of service), a summons shall be issued for
such violation. The enforcement officer may extend the period for
compliance with the requirements of this section in regard to the
violation stated in the notice for a period in excess of the
aforesaid thirty (30) days if, in his judgment, the abatement,
removal, prevention, cessation, or cure of the condition violated
cannot reasonably be effected within the thirty-day period; is such
cases, the enforcement officer shall state such reasonably required
extended period in the notice, which shall then be applicable
instead of the aforesaid thirty (30) days. In the event that the
violation is not abated, removed, cured, prevented, or desisted
from or otherwise fully remedied within said thirty-day period or
within such extended period as set forth in the notice, pursuant to
the foregoing, a summons shall be issued against the person,
persons, entity or entities so notified. Any extension beyond
sixty (60) days must be approved by the Mayor and Village Board.
E. Emergency conditions. Whenever the enforcement officer finds
that an emergency condition in violation of this chapter exists,
which condition requires immediate attention in order to protect
the public health or safety, he may issue an order by service of
notice as set forth in Subsection D above, reciting the existence
of such emergency condition and requiring that such action be taken
by the violator as soon as is reasonably necessary to meet the
emergency. Notwithstanding any other provision of this chapter to
the contrary, such order shall be effective immediately. Any
person to whom such an order is directed shall comply therewith
immediately, but upon objection in writing to the enforcement
officer, any such person shall be afforded a hearing before the
governing body as to the existence or nonexistence of the emergency
condition, the governing body may continue such order in effect, or
modify or withdraw it, subject to the issuance of a summons for
violation thereof is such order is continued.
11. Violations and penalties.
Any person or entity who shall violate any of the provisions of
this chapter or any other promulgated hereunder shall, after a
summons is issued under the terms hereof, be punished as follows:
A. For the first offense, by a fine not to exceed fifty ($50.00)
dollars.
B. For a second offense, by a fine not to exceed two hundred
($200.00) dollars.
C. For a third offense or any subsequent offenses, by a fine not
to exceed five hundred ($500.00) dollars.
12. Removal by Village; charges.
A. The Village Board, by resolution, may cause any Nuisance;
hazard or litter as herein defined to be removed from any
property within the Village of Herkimer upon failure of such
owner, tenant or occupant to comply with the written notice
aforementioned within the time limit. Said removal may be
performed by the Department of Public Works or other designee,
including a private contractor. The Village Board shall
ascertain the cost of such removal, and such cost shall be
charged and assessed against the owner, tenant or occupant of
the real property. The expense so assessed shall constitute a
lien and charge on the real property 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.
B. The removal of any nuisance, hazard or litter by the Village of
Herkimer or its designee shall no t operate to excuse such owner,
tenant or occupant from properly maintaining their property as
hereinabove set forth, and such owner, tenant or occupant shall,
notwithstanding, be subject to the penalties above mentioned.
13. Repealer.
In any case where a provision of this law is found to be in
conflict with or inconsistent with a provision of any other
ordinance or local law which establishes a lower standard for the
promotion and protection of the safety, health and welfare of its
inhabitants, the provisions of this chapter shall prevail, and such
other law or parts thereof are hereby declared to be repealed to
the extent that they may be so found to be in conflict with this
law.
