TOWN OF COLESVILLE
LOCAL LAW # 3# 2016
PROPERTY MAINTENANCE
1. Short Title
This Local Law shall be known as the Town of Colesville Property Maintenance Local Law.
2. Purpose
This Property Maintenance Local Law of the Town of Colesville is established to promote and protect the public health, safety, general welfare and to be consistent with the Comprehensive Plan of the Town of Colesville. It is the finding of the Town Board that lack of proper maintenance and upkeep of buildings and grounds are unsightly, unsafe, and have a negative effect on the community and its real-estate values.
3. Definitions:
The following definitions shall be applicable to this Local Law.
JUNK – Includes, but is not limited to, any solid item or material of any nature and/or any waste or discarded item or material of any nature comprised, in whole or in part, with or being metal, plastic, rubber, tires, glass, ceramic, composite, or combinations of the same. The definition of Junk includes any item or material designed or intended for interior use but placed outside of a Dwelling, including, but not limited to, appliances, televisions, furniture, shelving, bedding, exercise equipment, heaters, furnaces, bathroom fixtures, plumbing items and building materials. The definition of Junk includes any item or material designed or intended for exterior use which is inoperable and/or not in usable form, including, but not limited to, lawn care equipment, construction tools and equipment, farm or garden machinery, vehicles, boats, motorcycles, ATVs, snowmobiles, trailers, mobile homes or other similar types of equipment and building materials.
RUBBISH or GARBAGE – Includes, but is not limited to, any combustible or non-combustible household or commercial trash, debris, food or other waste materials, paper products, cartons, boxes, cardboard, plastics, metals, cans, ashes, cinders, sludges, oils, tires, household furniture, bedding, building materials and other similar liquid, semi-solid or solid waste materials.
RECYCLABLE MATERIALS – Any items or materials which can be processed and re-used for original or different purposes and are acceptable recyclable material by the Broome County Landfill, provided such items are stored in containers and out of view of the public roadway.
NEW YORK STATE PROPERTY MAINTENANCE CODE – The Town of Colesville formally adopts and incorporates whatever is the most current version of the New York State Property Maintenance Code as part of its Local Law. The New York State Property Maintenance Code shall apply in any instance that the Town Local Law does not specifically address or control.
4. Restrictions.
The dumping, deposit or storage of junk, rubbish, garbage or similar substances shall not be permitted in or upon any premises in a Residential District in the Town of Colesville. Except as may be exempt for Agricultural Uses, the dumping, deposit or storage of junk, rubbish, garbage or similar substances in a Rural Agriculture, Commercial or Industrial District shall be only within Accessory Storage Buildings, as otherwise defined elsewhere by Local Law, which shall not be permitted to be in front of or on the side of a Dwelling or primary structure, or within fifty (50) feet of any other premises used as a residence unless screened from view in accordance with the Town of Colesville’s Code. Recyclable materials as defined above must be stored in containers and out of view of the public.
5. Penalties for offenses.
A. Upon failure of the person, owner, lessee, firm, corporation, occupant or any other person having charge of any premises within the Town of Colesville to remove any junk, garbage, rubbish, waste or toxic materials therefrom within thirty (30) days from the time such person has been served with notice from Code Enforcement Officer of the Town of Colesville, the Town of Colesville may cause such junk, garbage, rubbish, waste or toxic materials to be removed. The total costs thereof, including but not limited to monies actually paid out by the Town of Colesville, and the time and expenses of the Town officials and employees, as well as the costs of any Engineers, Attorneys and Contractors, involved in the enforcement, and/or actual removal and remedial process in connection with the enforcement of the provisions of this Local Law, shall be assessed upon the real property at issue. 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 manner and at the same time as other Town of Colesville charges.
B. Each week that such separate violation shall continue or be carried on without correction or abatement shall constitute an additional separate violation. A violation of this article shall be subject to a fine of not more than $500.00 per violation or imprisonment not exceeding fifteen (15) days, or both such fine and imprisonment, except that where a person was found to have previously violated this article within the preceding two years, the penalty may be not more than $1500.00 per violation, and where a person was found to have committed two or more such violations within the preceding three years, the penalty may be not more than $3000.00 per violation. Upon a conviction, at the Court’s discretion, any fine may be ordered to be converted to a civil judgment for filing or the fine may be ordered to be applied to the defendant’s real property tax bill, or both.
Section 2. This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section Twenty-Seven (§27) of the Municipal Home Rule Law.
