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2012-197 2012-197 Resolution Introducing Local Law N 0,_ of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 Entitled 'Property Maintenance'" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 25, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Ismay Czarniecki Michael Kuzmicz ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, it has come to the attention of the Town Board that property owners who fail to maintain their property create adverse conditions that affect the general health, safety and welfare of the public by reducing the quality of life, adversely impacting property values and facilitating the creation of blighted neighborhoods; and WHEREAS, the Town Board has determined that in order to protect and promote the public health, safety and welfare of the residents of the Town of Wappinger, to prevent blight. within the Town and to prohibit the proliferation thereof, it is necessary to establish standards for the exterior maintenance of property, yards and any buildings or structures thereon; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt this Local Law which will authorize the Town through its Code Enforcement Officials to enter onto the property containing the offending condition, in accordance with the provisions of this Local Law, and to remove the same when the property owner fails or neglects to cure the violation therefore preventing blighted neighborhoods and promoting the public health, safety and welfare of the residents of the Town of Wappinger; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No.6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2012 in the form annexed hereto. 3. The Town Board has caused to be prepared a Short Form EAF and has reviewed the proposed action pursuant thereto and hereby determines that the proposed action will not have a significant impact on the environment and hereby makes a Negative Declaration of Significance with respect to the proposed amendments to the Zoning Code. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. _ of 2012 for 7:30 P.M., on the 13th day of August 2012, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE ABSENT AYE AYE Dated: Wappingers Falls, New York 6/25/2012 The Resolution is hereby duly declared adopted. ~RK LOCAL LAW NO. OF THE YEAR 2012 Last Rev. 06/20/12 A Local Law entitled "Local Law No. _ of the Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled 'Property Maintenance'." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger "Local Law No. _ of the Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled 'Property Maintenance' .~' Section II: Amendment to the Code. The Code of the Town of Wappinger is hereby amended by the addition of a new Chapter 185, to read as follows: "Chapter 185 Property Maintenance ~ 185-1. Legislative Intent. Property owners who fail to maintain their property create adverse conditions that affect the general health, safety and welfare of the public. Deficient property maintenance sometimes creates impacts to the health and safety of the public that require immediate attention while other instances of deficient property maintenance create harm to the general welfare that reduces the quality of life, adversely impacts property values and facilitates the creation of blighted neighborhoods. The provisions of this Chapter are intended to supplement the provisions of the Property Maintenance Code of New York State which are enforceable under Chapter 85 of the Town of Wappinger Code. C:\Documents and Settings\CFulton\Local Settings\Temporary Internet Files\Content.Outlook\4SQ2T8A4\Proposed Property Main Local Law 2012-06-07 (2).doc Pursuant to the authority of Town Law ~64(5-a), the Town Board of the Town of Wappinger hereby fmds that the unreasonable accumulation of brush, grass, rubbish, weeds, or poisonous shrubs creates a threat of fire, rodent infestation or disease. An unreasonable accumulation of brush, grass, rubbish, weeds, or poisonous shrubs is an immediate threat to the health and safety of the public. This local law provides procedures for the Town to act swiftly to abate the risks to the health and safety of the public in accordance with the due process required by law. Pursuant to the authority of Municipal Home Rule Law ~~ 10(1)(ii)(a) and Town Law ~ 64.5 and ~ 130, the Town Board hereby fmds that the improper maintenance of the exterior of any buildings, which are visible to their neighbors and/or the traveling public, create conditions that adversely affect property values, the quality of life of their neighbors and neighborhood, and the general health, safety and welfare of the residents of the Town. Property owners who allow poisonous shrubs to grow and allow weeds, shrubs, lawns, grass, landscape plants and other vegetation to become overgrown or who allow the exterior of any buildings located on their property to deteriorate into a state of disrepair, become unsightly, dilapidated or who permit the accumulation of garbage, rubbish, debris and refuse thereon, facilitate the proliferation of pests, insects and vermin. These conditions, in turn, result in a general deterioration of property values and foster blight in the surrounding neighborhoods and community in general. The Town Board further fuds that property owners, tenants or persons in possession of real property who keep or maintain junked, inoperable or unregistered motor vehicles on their property, contribute to blight by promoting unsightly, unsanitary and unsafe conditions. The Town Board hereby determines that in order to protect and promote the public health, safety and welfare of the residents of the Town, to prevent blight within the Town and to -2- prohibit the proliferation thereof, it is necessary to establish standards for the exterior maintenance of property, yards and any buildings or structures thereon, and to provide standards for the general exterior maintenance of yards, buildings and structures and to provide for the removal of any poisonous weeds or shrubs, overgrown vegetation, including lawns, grass, landscape shrubbery, ornamental shrubs, garbage, debris, rubbish, and junked or inoperable vehicles on properties so that all properties shall be maintained in accordance with the standards enunciated in this Chapter. . This Chapter authorizes the Town through its Code Enforcement Officials to enter onto the property containing the offending condition, in accordance with the provisions of this Chapter and to remove the same where the property owner fails or neglects to cure the violation. By reason. of the establishment of these regulations and restrictions as herein set fmth in this Chapter, the proliferation of blight may be. prevented and the general public health, safety and welfare protected and fostered; ~ 185-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. Debris - All materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads, or resulting from the preparation therefor as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance, and seasonal and storm related clean up, except when such materials are organized in piles or structures for purposes of compo sting. Such materials include, but are not limited to: masonry; such as bricks, concrete blocks, mortar and concrete; soil; rock; wood; wall coverings; floor coverings; plaster; drywall; plumbing fixtures; insulation; roofmg materials; siding; pavement; glass; window frames; electrical wiring and components; -3- plastics; carpeting; foam padding; linoleum; metals; or any combination thereof which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition. B. Garbage - All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including containers in which it is packaged, except when such wastes are organized in piles or structures for purposes of composting. C. Junked Vehicle - Any motor vehicle which is either unregistered, dismantled (in whole or in part), or in such a damaged condition or state of disrepair that such vehicle cannot be operated without extensive repair or for which the cost of such repair exceeds the value of the motor vehicle. Lack of a license plate or an incorrect license plate affixed to the motor vehicle shall be presumptive evidence .that.the vehicle is not registered. D. Person ,...a natural person, corporation, partnership, limited liability company,~ unincorporated association, or any other business organization of two or more persons. E. Owner -.A Person having legal title to premises; a mortgagee or vendee in possession; a trustee in bankruptcy; a receiver or any other Person having legal ownership or control of premises. Where the owner of the property cannot be determined, the Person whose name is listed as the owner on the most current tax roll of the Town is deemed to be the Property Owner. F. Rubbish - All discarded or worthless non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including but not limited to paper and paper products, rags, wrappings, cardboard, tin cans, wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture, appliances and similar items. -4- G. Tenant - Any person who uses or occupies a property or building, other than the owner, and who occupies same pursuant to a written or oral lease agreement, or otherwise with the consent and permission of the owner thereof. H. Enforcement Official - This Chapter shall be enforced by the following Town of. Wappinger Officials: Code Enforcement Officers, the Fire Inspector, the Zoning Administrator, Town Constables, the Dutchess County Sherifrs Office, any police agency having jurisdiction in the Town of Wappinger, and such other persons as may be designated by the Town Board of the Town of Wappinger by resolution. ~ 185-3. Standards for Maintenance of Yards No owner, lessee, tenant, occupant or other person having charge of any premises shall cause, permit or allow such premises to be used or maintained in violation of any of the following standards: A. Surface and subsurface water shall be appropriately drained away from buildings to protect the buildings and structures from water damage; grading shall be designed, constructed and maintained to prevent the development of stagnant ponds or pools of water which facilitate the breeding of mosquitoes or other insects, except in accordance with a grading permit, subdivision plan, site plan approved by the Town, or a validly approved Storm Water Pollution Prevention Plan (SWPPP). B. Subsurface, stormwater pipes and appurtenances, or such similar devises, constructed and installed for the purposes of transporting, disposing or dispersing surface or subsurface water, and approved in connection with a site plan, subdivision plat, or plot plan approved by the Town of Wappinger Planning Board or Engineer to the Town in connection with the issuance of any land use permit or building permit, shall -5- be maintained and kept in proper working order and condition and fit for the purposes intended, so as to maintain the free flow of said surface or subsurface water. C. All landscaping facilities and p1antings, whenever exposed to public view, shall be maintained so that laWns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed, and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed ten (10) inches in height. D. The accumulation of any debris, garbage or rubbish upon any premises, is not permitted except in compliance with Article ITI of Chapter 210 of the Town of Wappinger Code. E. Premises shall be maintained in such manner that will prevent debris, garbage and rubbish from blowing about the neighborhood. F. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions: Any paved surfaces such as parking lots and driveways shall be maintained to prevent potholes or other hazards. All off-street parking facilities shall be swept at least twice a year. G. No junked vehicle may be parked or stored on any premises unless such vehicle is parked or stored inside a building, or inside a structure screening the junked vehicle from neighbors and the public, unless the junked vehicle is otherwise permitted to be in an unenclosed area under Chapter 240 "Zoning" of the Town Code. ~ 185-4. Standards for Exterior Maintenance of Buildings and Structures. No owner, lessee, tenant, occupant or other person having charge of any premises shall cause, permit or allow any building or structure to be maintained in violation of the following standards: -6- A. All exterior surfaces of any building or structure not inherently resistant to degradation or deterioration from weather or the elements shall be treated, sealed or coated with a protective covering such as paint, or other weather protective coating so as to prevent such exposed surfaces from degradation, deterioration or weathering. B. Exterior walls, including doors and windows, roofs and areas around doors, windows, chimneys and other parts of a building or structure shall be maintained so as to keep water from entering the building. Exposed surfaces of any building or structure which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replenished and refinished in a workman like manner and treated with appropriate protective covering such as paint, stain or other weather retardant material. Exterior walls, roofs and other parts of a building or structure shall be free from loose and unsecured objects or materials such as siding, mortar, bricks, blocks, etc. C. Vacant structures and their adjoining yards shall be maintained in a clean, safe, secure and sanitary condition so as not to cause a blighting problem or adversely affect the public health or safety. ~ 185-5. Exceptions. This Chapter shall not apply to: A. A property licensed as a junk yard pursuant to Chapter 153 of the Town Code of the Town of Wappinger. B. Any properties used, occupied or operated by a governmental entity or municipal subdivision. -7- ~ 185-6. Enforcement; Administrative Remedy. In the event that the owner, lessee, tenant, occupant or other person having charge of any premises shall fail to comply with the standards enumerated in this Chapter, the Town may institute enforcement proceedings asfollows: A. Inspection and Report. Any Enforcement Official, upon his or her own investigation or upon a written complaint that property appears to be maintained in violation of any of .the standards enumerated in ~ 185-3 and ~ 185-4 above, may conduct. an investigation and inspection of such premises and shall prepare a written report of his or her findings. If necessary, the Enforcement Official is authorized to apply for a search warrant to a court of competent jurisdiction to enter onto the premises if there is reasonable suspicion to believe that there is a violation of this Chapter. The Enforcement Official is further authorized to take such further steps that are necessary to effectuate the execution and return of a duly ordered search warrant. B. Order to Remedy. If the Enforcement Official determines that a violation exists after conducting an inspection, the Enforcement Official is authorized to issue an Order to Remedy directing the owner, lessee, tenant, occupant or other person having charge of any premises to bring such premises into compliance with the provisions of this Chapter. The Enforcement Official shall provide the Town Board with a copy of the Order to Remedy together with an Affidavit of Service and a copy of his or her report of findings from the inspection of the property. C. Contents of Order to Remedy. The notice shall contain the following information: 1. The Tax Parcel Identification Number, if there is one; 2. The street address of the property, if there is one; -8- 3. The owner of the property as shown in the records of the Town; 4. A statement of the condition of the property and the standards of this Chapter which have been violated; 5. The date and time the violations are alleged to have occurred; 6. The specific corrective action that needs to be taken to bring the property into full compliance with the standards of this Chapter; 7. The specific date by which the corrective action must be completed. The time to take corrective action stated in the notice shall be: a) for violations of the standards set forth in ~ 185-3, 7 days from the date of the Order to Remedy, or b) for violations of the standards set forth in ~ 185-4, 30 days from the date of the Order to Remedy, 8. The date, tinie and place of a public hearing to be held before the Town Board to determine whether the property is in compliance with the standards of this Chapter and a statement that the owner, lessee, tenant, occupant or other person having charge of any premises has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of this Chapter or that additional time is needed to take corrective action to cure the violation; 9. A statement that if the property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with the order to Remedy, that the Town intends to enter onto the property, take corrective -9- action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill ifnot paid. D. Service of Order to Remedy. The Order to Remedy shall be served on the owner by registered or certified mail at the address shown on the last preceding tax assessment roll of the Town or by personal service in accordance with in any manner provided for service of process by article three of the Civil Practice Law and Rules of the State of New York. Service upon a lessee, tenant, occupant or person in charge of the premises shall be made by registered or certified mail to the address of the property or by personal service as shown above. A copy of such Order to Remedy may also be served on any mortgagee or lienor of record in the same manner. A copy of the Order to Remedy shall also be conspicuously posted on the property. E. Imminent Threat. Whenever the Town Board fmds that there exists on premises a condition that poses an imminent threat to the public health or safety which requires immediate remedial ac.tion, the Town Board may, in its discretion, order the owner, lessee, tenant, occupant or other person having charge of any premises to remove or abate such public nuisance, or direct Town employees or agents of the Town to remove or abate such public nuisance, and, notwithstanding any provision of this Chapter to the contrary, no public hearing shall be required to be held before the time fixed in the order for compliance, or before the Town removes or abates such public nuisance, and the time for compliance provided in paragraph C subparagraph 6 of this section shall not apply to an order issued pursuant to this subdivision. Notice of an order or direction issued pursuant to this subdivision shall be served in the manner prescribed in paragraph D of this section, provided, that if the Town Board - 10- determines that service in such manner would result in delay prejudicial to the public health or safety, then the Town Board may serve such order or direction by delivery of a copy thereof to a person of suitable age and discretion in actual or apparent control of the premises to which it relates, or, if service cannot be made in such manner, by copy posted upon the premises to which it relates. An order or direction served in the manner prescribed in this subdivision shall take effect when delivered or when posted. After such order or direction takes effect, the Enforcement Official shall serve such order or direction in the manner prescribed in paragraph D of this section. Such additional service shall include notice of the earlier service of such order or direction. F. Public Hearing. The public hearing shall be held at a regularly scheduled or special Town Board meeting at least 7 days but not more than 20 days after service of the Order to Remedy as set forth above. 1. After the public hearing, if the property is determined by the Town Board to be in non-compliance with the standards enumerated in this Chapter, the Town Board may authorize employees of the Town, its agents or contractors, to enter onto the property to undertake such measures as to bring the property into compliance with this Chapter and assess the cost of such remediation against the property as described below. G. Assistance Allowed. The Town may request the assistance of any county, state or federal agency to perform work on its behalf pursuant to this Chapter. -11 - H. Assessment of Costs and Expenses and Lien. 1. The expenses incurred by the Town with respect to any work performed by or on behalf of the Town to bring the property into compliance shall be a debt recoverable from the owner, lessee, tenant, occupant or other person having charge of any premises and shall constitute a lien upon the premises, including the land and buildings, with respect to which such work was performed. 2. The Town shall keep a record of all work performed on the property by or on behalf of the Town. Such records shall be accessible to the public during business hours. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses, to challenge any of the costs incurred by the Town. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise - 12- satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 3. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments as authorized by Town Law ~64(5-a). I. Action for Recovery. In addition to establishing a lien, the Town may recover such expenses and interest by bringing an action against the owner, lessee, tenant, occupant or other person having charge of any premises. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such debt. J. Other Remedies Available. Nothing contained in this section shall be construed to restrict authority to provide for the abatement of a public nuisance conferred upon any agency of the Town by any other provision oflaw. ~ 185-7. Penalties for Offenses. A. Every person violating any provision of this Chapter shall also be subject to a civil penalty: 1. For the first offense - a civil penalty in a minimum amount of $100.00 and a maximum amount of $500.00; 2. For the second and subsequent offenses - a civil penalty in a minimum amount of $500.00 and a maximum amount of $5,000.00; and 3. Each week's violation shall be deemed a separate violation. -13 - Section III: Authority. This Local Law is enacted in order to protect the health, safety, and welfare of its residents pursuant to the authority granted to the Town pursuant to the New York State Constitution, ~1O of the Municipal Home Rule Law, and pursuant to Town Law ~ 64.5-a and ~ 130. Section IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-Iettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. . Section V. Separability. If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confmed in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remained of this local law or the application thereof to other persons or circumstance, and the Town Board of the Town of Wappinger hereby declaresihat it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent. -14 - Section VI: Effective Date. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. -15 - NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 13th day of August 2012, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt Local Law No. _ 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled 'Property Maintenance"'. PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to protect the general health, safety and welfare of the public, particularly the residents of the Town of Wappinger, by establishing standards for the exterior maintenance of property, yards and any buildings or structures thereon, thereby preventing adverse conditions that reduces the quality of life, adversely impacts property values and facilitates the creation of blighted neighborhoods. PLEASE TAKE FURTHER NOTICE that the Town Board has made a Negative Declaration of Significance pursuant to Article 8 of the Environmental Conservation Law, Part 617 of the NYCRR and Local Law No.6 of 1992 (the Town's Environmental Quality Review Law). PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._ of the Year 2012 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: June 27, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER (l~ CHRISTINE FULTO , TOWN CLERK