ARTICLE VI, Property Maintenance Requirements

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ARTICLE VI, Property Maintenance Requirements

§ 143-35. Conformance required

Residential premises shall be maintained in conformity with the provisions of this Part 1 and other specific provisions, where noted, so as to assure the desirable residential character of the property.

§ 143-36. Drainage of property

A Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds.

B Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.

§ 143-37. Buildings and structures; numbering of buildings

A Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.

B Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be maintained in a clean and sanitary condition.

C Accessory structures shall be maintained so as to be free of conditions detrimental to safety or health.

D Every residential building shall bear and display at least one (1) set of house numbers, at least three (3) inches in height, designating the official street address as assigned by the Village Clerk. Additional requirements are set forth in Buildings, Numbering of, Chapter 70 of this Code.

§ 143-37.1. Sidewalks, steps, walkways, driveways and parking spaces

The purpose of a sidewalk is to provide for safe passage out of the public street. Likewise, maintenance of sidewalks is crucial to the purpose of safe passage.

A Every owner or occupant of any residential building shall at all times throughout the year keep the sidewalks in front of such residence free from dirt, filth, obstructions, snow and/or ice and other encumbrances which might impair safe passage.

(1) Additional maintenance and care requirements are set forth in Streets and Sidewalks, Chapter 197, by § 197-3, of this Code.

(2) Additional requirements for the removal of snow and/or ice are set forth in Streets and Sidewalks, Chapter 197, by § 197-3.2A and B, of this Code.

B Steps, walkways, driveways and parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.

(1) Additional requirements are set forth in Streets and Sidewalks, Chapter 197, by § 197-3.1, of this Code.

§ 143-37.2. Yards; trees and plant growth

A Yards and courts shall be kept clean and free of physical hazards and unsightly debris. Grass shall be maintained so as not to exceed a growth higher than six (6) inches and such that brush and weeds are minimized. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.

(1) Additional requirements are set forth in Brush, Grass and Weeds, Chapter 67 of this Code.

B Every owner of land in the village shall have the duty to trim or remove any tree, shrub or other plant, branch or other portion thereof which creates an unsafe condition or obstruction so as to endanger the lawful use of sidewalks, streets and/or public ways and public grounds of the village by persons and vehicles.

(1) Additional requirements are set forth in Trees and Shrubs, Chapter 225 of this Code.

§ 143-38. Infestation and screening

A Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.

B Where the potential for rodent or vermin infestation exists, windows, doors and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.

§ 143-39. Garbage and refuse

A Adequate sanitary facilities and specified methods shall be used for the collection, storage, handling, recycling and disposal of garbage, refuse, trash, waste and white goods as set forth in Garbage, Rubbish and Refuse, Chapter 135 of this Code.

B In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.

§ 143-40. Fences

Fences shall be erected and maintained in conformance with the provisions of this section so as to assure the desirable residential character of property and to provide for the safety, health and welfare of individuals.

A Permit.

(1) A permit from the Village of Ilion will be required for the erection of a fence. In order to obtain a permit, an applicant must complete the permit application in the form provided by the village, pay the fee as set by the Village Board and provide a description or drawing of plans for the erection of said fence.

(2) Plans for the fence are to be submitted and reviewed by the Village of Ilion Traffic Commission for a determination as to visibility where the fencing proposed is to be located on street corners or sides of streets which may affect pedestrian or vehicular traffic. In such instances, the Code Enforcement Officer shall make the determination as to whether or not the Traffic Commission should review said plans.

B Placement, generally.

(1) Placement with respect to property line: Any fence must be erected on the owner's side of the property line.

(2) Placement with respect to sidewalks: Any fence shall not be erected nearer than one and one-half (1 1/2) feet from the sidewalk.

C Placement with respect to visibility. In no event shall any fence be erected so as to affect visibility for pedestrian and/or vehicular traffic. In instances as set forth in Subsection A(2) above, the determination as to the placement with respect to visibility shall be made by the Traffic Commission of the Village of Ilion. In the event that the applicant is aggrieved by the determination of the Traffic Commission, said applicant may apply to the Zoning Board of Appeals for a review of the determination.

D Height limitations.

(1) Fences shall not be erected within the village limits more than six (6) feet in height above the surface of the ground without permission, by way of special permit, from the Zoning Board of Appeals. All fences and walls shall be properly erected, supported and braced. No new barbed wire fences, as opposed to those previously existing, shall be erected within the village limits without permission granted by the Superintendent of Public Works and/or the Zoning Board of the Village of Ilion. Said granting authority shall take under advisement comments/suggestions of the Herkimer County Farm Land Protection Board before making a determination. In no event shall a fence or portion thereof exceed a height of four (4) feet when said fencing is located within ten (10) feet of a sidewalk and/or driveway, without permission, by way of special permit, from the Zoning Board of Appeals.

(2) Protective fencing. For the protection of the general public, all permanently constructed swimming pools requiring construction and excavation below ground level and all permanent and/or temporary excavations, open pits or similar structures shall be completely and effectively fenced by an artificial enclosure not less that six (6) feet in height above the ground so as to exclude access by small children, and any openings in the enclosure affording access to the pool proper (whether above- or below ground pools) must be provided with a gate containing an automatic or manual locking device affixed in such manner as to exclude small children. Fences constructed for aboveground pools to protect a pool from random access shall be at least four (4) feet in height.

(3) The provisions of this section requiring protective fencing so as to exclude access by small children shall apply to all permanently constructed swimming pools, excavations, temporary or permanent, and open pits, whether or not constructed prior to the enactment of this provision.

E Appearance. Fences must be erected with the attractive side of the fence facing the neighboring property. The tops of all fences shall have no sharp points.

F. Maintenance. Fences shall be maintained in safe and substantial condition. In the event that the fence is not so maintained, the village, after notice to the property owner, shall have the right to remove said fence and assess the cost of removal to the property owner. Said cost shall thereupon become a lien upon the property on which such work was performed and shall be added to and become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes. The village shall also have the right to require the property owner to erect a new fence if the removal of a fence creates a hazardous situation, including but not limited to protective fencing. In the event that such a fence is not replaced, the village shall have the right to replace said fence and assess the cost of replacement to the property owner. Said cost shall thereupon become a lien upon the property on which such work was performed and shall be added to and become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes. The Code Enforcement Officer or other village designee shall cause a ten-day notice and order of safety violation to be served on the property owner. In the case of fences located in RA Zoning District, the Code Enforcement Officer shall take under advisement comments/suggestions from the Herkimer County Farm Land Protection Board. If the property owner does not comply with the notice and order, the village shall cause to have served on the property a petition returnable in the Village of Ilion court requesting an order allowing the village to demolish said fence(s) and to erect a fence (where applicable). The property owner shall have a right to a hearing prior to demolition.

G Penalties for offenses. Any property owner, whether a person, a firm or a corporation, who violates any provision of this Article shall be liable for a civil penalty of not more than two hundred dollars ($200.) per day for each day or part thereof during which such violation continues. In addition, the property owner shall be responsible for the costs of demolition (and/or erection of a fence, where applicable) as set forth in Subsection F above.

H Property owner's liability. In no event shall the village be responsible for damages to fences as a result of either use of the sidewalk plow or demolition as set forth above in Subsection F above. In addition, the village shall have no liability with respect to any personal injury/damages that may occur as a result of removal of fencing, failure of the homeowner to replace said fencing and/or the village's actions in replacing said fencing. The property owner shall be strictly liable and shall indemnify and hold the village harmless for any and all claims and causes of action arising out of such actions taken by the village.