Sample New Hartford Laws

A committee member provided the following file for the Village of New Hartford.

"Please note in particular the language in the following sections:

80-1, 80-2, 80-6-D-E, 80-7-C, 80-8-C, 80-9 (ALL), 80-10 (ALL), 80-11 (ALL)

In addition, I downloaded the village's budget (which is readily available on their website). Please note that there is no specific line item for codes enforcement, but they certainly are getting it done. In addition, please note that total personnel costs for pubic safety is $15,000."

The file is very large (18 MB) and is not searchable by key words.

However, it is worth downloading and reading because New Hartford has some pretty impressive codes laws.

Information below was obtained from the Village of New Hartford web site.

http://villageofnewhartford.com/content/Departments/View/2

Portions of the New Hartford code are included below. The village has some of the most stringent property standards.

Text from some of New Hartford Village Code Law is included on our web site for comparison to Ilion law.

The complete text of New Hartford code is available on the New Hartford web site.

The ilionccc web site should not be used for legal reference for New Hartford laws.

Refer to the villageofnewhartford.com web site for Codes Book for the Village of New Hartford (PDF - 17.8 MB)

Chapter 68 Littering and Dumping.

68-13. Removal from private property by village.

A. Notice to remove. The Code Enforcement Officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the village or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice be by registered mail, addressed to said owner at his last known address.

B. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within seven (7) days after receipt of written notice provided for in Subsection A above or within two (2) days after the date of such notice in the event the same is returned to the village by the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Code Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the village [Amended 9-11-1994 by L.L. No. 1-1994]

C. Charge included in tax bill. When the village has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the maximum rate permitted by state laws from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner of by the village, and said charge shall be due and payable by said owner at the time of payment of such bill.

D. Recorded statement constitutes lien.....

Village of New Hartford Code

Article I Minimum Standards

[Adopted 9-12-1994 by L.L. No. 1-1994]

80-1. Purpose.

It is the purpose of this article to assist in the continued revitalization of areas throughout the village to attract new businesses, promote the public interest in continued development, ensure regular maintenance and improvements to present structures, safeguard against blight and preserve property values and community standards and to establish minimum maintenance standards to safeguard life, limb, health, safety, property and the public welfare in the best interest of the residents of the Village of New Hartford.

80-2 Findings.

It is found and declared that, by reason of lack of maintenance and progressive deterioration, structures and properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, the grown of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.

80-6. Open areas and parking spaces.

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D. Yards and vacant lots shall be kept clean and free of physical hazards and rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access by the public. All temporary excavations shall be kept covered or barricaded so at to protect the general public from injury.

E. All land must be kept free of dead or dying trees and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious growths, garbage, refuse or debris which would either tend to start a fire or increase the intensity of a fire already started or cause poisoning or irritation to people or animals or cause or tend to cause or enhance an unhealthy or dangerous or obnoxious condition on said property or on any adjacent or neighboring property.

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80-7. Business units.

C. No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.

80-8. Infestation, storage and screening.

C. No materials, goods or supplies may be stored in any front yard or in an exterior or interior side yard. Materials may be stored in a rear yard, provided that the area used for storage is screened from neighboring properties by a a fence or hedge and that the method and manner of storage complies with the other provisions hereof.

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80-9 Litter; sanitary facilities and methods; abandoned refrigerators.

A. Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in appropriate private receptacles for collection.

B. Adequate sanitary facilities and methods shall be used for the collection, storage, handling an disposal of garbage and refuse in accordance with the provisions of applicable codes. Each owner of any building from which garbage, rubbish, mixed refuse, ashes or other wastes are collected shall provide refuse containers sufficient in number to hold all collectible wastes which may accumulate. Containers must be rodent- and insect proof and watertight and must be kept covered at all times. Such containers must not be be kept in a front yard or exterior side yard.

C. No refrigerator may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking or latching devices and all doors.

D. Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping, hedges, fences or screening. This section shall not apply to receptacles for clothing and the like donated to charity.

E. Shopping centers, supermarkets and similar business units shall provide permanent, attractive, decorated litter receptacles within the premises for public use in sufficient quantity so that a person will not have to walk in excess of 50 feet to use any such receptacle.

80-10. Responsibilities of occupants.

An occupant of premises shall be responsible for compliance with this article in regard to the following:

A. Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.

B. Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls in a a clean and sanitary condition and providing reasonable care in the operation and use thereof.

C. Keeping exits from the building or or occupant's portion thereof clear and unobstructed.

D. Disposal of garbage and refuse into appropriate facilities in a clean and sanitary manner, in accordance with any applicable provisions of the village.

E. Extermination of insects, rodents or other pests within the premises.

F. Maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation by rodents or vermin, insofar as said occupant occupies or controls said yards, lawns or any parts thereof.

G. The installation and removal of required screens.

H. Keeping domestic animals and pets in an appropriate manner and under control, in accordance with any other regulations of the village.

I. Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.

80-11. Responsibilities of occupants.

An occupant of premises shall be responsible for compliance with this article in regard to the following:

A. Responsibilities

(1) Owners of premises shall be responsible for compliance with the provisions of this article and shall remain responsible therefor regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume responsibility.

(2) Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot-water supply where they have contracted to do so.

B. Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the village as executor, administrator, trustee, guardian, operator or agent, such persons shall be deemed and taken to be the owner or owners of said property within the intent and meaning of this article and shall comply with the provisions of this article to the same extent as the record owner; and notice to any such person of any order or decision of the Code Enforcement Officer shall be deemed and taken to be good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this article, said occupant shall be deemed and taken to be an owner within the intent and meaning of this article.

80-12. Inspection and enforcement.

A. The Code Enforcement Officer is hereby authorized and directed to make inspections to determine compliance with this article. Inspections shall be made between the hours of 9:00 am and 4:00 p.m., Monday through Friday, and every operator or owner shall cooperate with the Code Enforcement Officer in providing access to the premises. Whenever the Code Enforcement Officer determines that there is a violation of the provisions of this article, he shall cause a written notice to be served upon the owner or operator, which shall include:

(1) An enumeration of conditions which violate the provisions of this article.

(2) An enumeration of the remedial action required to meet the standards of this article.

(3) A statement of a definite number of days from the date of the notice in which the owner or operator must commence and complete such remedial action.

(4) A statement of the penalties for noncompliance, as set forth herein.

B. A copy of such notice shall be filed in the Village Clerk's office, and such notice shall be deemed sufficient if served upon the owner or operator as follows:

(1) In person;

(2) By certified mail with return receipt requested; or

(3) By posting a copy of said notice on the building, only if attempts to serve the owner or occupant by the first two methods set out above are unsuccessful.

C. Upon failure to comply with said notice, the Code Enforcement Officer shall issue an appearance ticket returnable in the Village Court.

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Chapter 120 - Responsibilities of owners, persons considered to be owners.

120-1. Purpose.

The seriousness of the matter of the outdoor storage of trailers, boats, mobile homes, recreational vehicles and abandoned, junked, discarded and unlicensed motor vehicles upon privately owned properties within the village increases with the passage of time. It is a vexation and annoyance not only to the members of the traveling public but to the owners and occupants of adjoining lands. The outdoor storage of such vehicles upon private lands is unsightly. It constitutes an attractive nuisance to children and a peril to their safety, in case of fire and explosion, whenever gasoline is left in the fuel tanks of such vehicles. It depreciates the value of neighboring properties. The preservation of peace and good order, the suppression of vice, the benefit of trade, the preservation of public health, the protection of property and the prevention and extinguishment of fires and explosions compel the Board of Trustees of the Village of New Hartford to legislate upon this subject matter. It is hereby declared that the adoption of this chapter has for its purpose the effective termination of such obnoxious practice.

120-2. Outdoor storage on private lands.

It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to store or deposit or cause or permit to be stored or deposited trailers, boats, mobile homes, recreational vehicles or abandoned, junked, discarded or unlicensed motor vehicle or motor vehicles upon any private land, upon the surface of such land, within the corporate limits of the Village of New Hartford.

120-3. Notice of violations.

If the provisions of the foregoing section are violated, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of any such land to comply with the provisions of this chapter. This notice shall be in substantially the following form:

"To the owner, occupant or person having charge of land known on the Assessment Roll of the Village of new Hartford as vacant lot(s) located on the .......... side of .......Street or Avenue; or house and lot number ......located on the ......side of ...........Street or Avenue.

Notice is hereby given that a trailer, boat, mobile home, recreational vehicle or an abandoned, junked, discarded and unlicensed motor vehicle has been found stored or deposited upon the above-described property in the Village of New Hartford. This automobile must be removed within five days from the date of this notice.

In case you fail or refuse to comply with this notice on or before the expiration of said five days from the date of this notice, the Village of New Hartford, acting through its authorized agents, servants, officers and employees, will enter upon your land and remove and cause the same to be destroyed. The expense incurred by the village will be assessed against the above-described land and shall constitute a lien thereon and be collected as provide by law.

Dated:

Code Enforcement Officer

120-4. Penalties for offenses.

Any owner, occupant, lessee, agent or tenant who shall neglect and refuse to remove said trailers, boats, mobile homes, recreational vehicles or abandoned, junked discarded and unlicensed motor vehicle as directed by this chapter or who shall fail or refuse to comply with the provisions of any notice herein provided for or who shall violate any of the provisions of this chapter or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the village in the removal and destruction thereof shall be, upon conviction thereof, fined a sum of not exceeding $250 or shall undergo imprisonment for not more than 15 days, or both, for each violation thereof.

Zoning Chapter 126

126-4 Definitions

DRIVEWAY - That space or area of a lot which is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street. Such space or area shall be a minimum of nine(9) feet in width and a maximum of twenty (20) feet in width and shall be located in front of either a one- or two-stall garage or carport or similar accessory structure. In no instance shall motor vehicles and/or vehicles of the type that can be licensed be parked and/or stored within any required front/rear/side yard except in driveways. [AMENDED 9-11-1994 BY l.l. No. -1994]

JUNK VEHICLE - Any motor vehicle, trailer or semitrailer which is inoperable and which, by virtue of its condition, cannot be economically restored. In addition, any vehicle may be presumed to be a junk vehicle when valid license plates are not displayed or license plates have been expired for more than sixty (60) days; valid state inspection stickers, as required for the use of the vehicle are not displayed or have been expired for more than sixty (60) days; or the vehicle remains in an inoperable condition for more than ninety (90) days.

126-34 Off-street parking and loading.

D. Parking spaces required in residential districts shall be located in the side or rear yard on the same lot or tract as the principal use.