§ 243-7 Chapter 243 Property Maintenance

Exterior property maintenance.

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A. Exterior property areas.(1) Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding (as required by the New York State Uniform Code).(2) Fences, walls and other minor constructions shall be maintained in safe, good and substantial condition (as required by the New York State Uniform Code). Fences must be constructed in a workmanlike manner using generally accepted standard fencing materials, in the opinion of the Code Enforcement Official.(3) Temporary fencing shall not delineate the boundary lines of any property, nor shall they be any closer than three feet from any one boundary line.

Temporary fencing may only be erected from October 1 of one calendar year, to February 1 of the following calendar year.(4) Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passages (as required by the New York State Uniform Code). All hazards, including but not limited to holes, deep ruts, cracking or buckling of service walks, driveways and parking lots, shall be repaired or removed.(5) Yards, courtyards, and vacant areas shall be kept clean and free of hazards (as required by the New York State Uniform Fire Prevention and Building Code).(6) Ground cover shall be properly established to prevent undue soil erosion, due to the elements (as required by the New York State Uniform Fire Prevention and Building Code).(7) Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health or safety shall be eliminated (as required by the New York State Uniform Code).

Except for farms, all grass, weeds, trees, or other plant growth shall be cut or trimmed to avoid the development of places for the accumulation of blowing trash, dumping, rodent harborages, infestation, criminal activity or places which constitute a blighting or unsightly influence on the neighborhood. In addition thereto, in order to provide for the proper use of land and to prevent unhealthy, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds or growth of poisonous shrubs or weeds and to protect the public health, safety and general welfare of the residents of this Town, all owners or occupants of property must remove such dangers to health, life and property.

All owners and/or occupants of land are required to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, when ordered to do so by notice from the Town of Webster. Brush, grass or weeds in excess of 10 inches in height on any property shall be deemed to be unhealthy, hazardous, and a dangerous condition.(8) Exterior doors, windows, skylights and similar openings shall be maintained weathertight (as required by the New York State Uniform Code).(9) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition (as required by the New York State Uniform Code).(10) Roofs shall be maintained in a watertight condition (as required by the New York State Uniform Code).

Tarping of roofs for a period in excess of 30 continuous days shall be deemed a violation of this section.(11) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative (as required by the New York State Uniform Code). Exterior siding shall be of generally accepted standard materials, in the opinion of the Code Enforcement Official, and shall be properly maintained so as to remain affixed to the structure and protected from weather-related deterioration.(12) Railings shall be provided at open sides of balconies, mezzanines, porches, decks, accessible roofs, ramps, stairways and around floor openings (as required by the New York State Uniform Code).(13) Dust, site drainage or any other condition which may create a nuisance to the public must be controlled during construction and at all times.(14) All elements and stipulations of an approved site plan must be complied with, installed and maintained.(15) Required handicapped parking spaces, signs or markings must be maintained and remain unobstructed and accessible in accordance with the New York State Uniform Code and any referenced standards.

All handicapped parking spaces shall be independently indicated by permanent signs installed in accordance with aforementioned standards.(16) All swimming pools, both in-ground and aboveground, shall be continuously maintained so as to avoid stagnant unhealthy water accumulation, and shall be continuously secured so as to preclude the creation of an attractive nuisance.(17) Carports, greenhouses, tents, temporary sheds, or similar structures erected in any yard, court, parking lot, or similar area within the Town of Webster for more than 10 days shall meet the New York State wind and snow loads, per the New York State Uniform Code, as well as all applicable zoning setback and dimensional regulations.

It shall be the responsibility of the property owner to show that such standards and regulations are met.(18) Parking is prohibited in the front yard of any lot in any residential district, except that parking is permitted on the driveway serving the property.(a) Vehicles parked in the front yard of a lot within a residential district due to active driveway maintenance or construction are exempt.(19) A lot in a residential district without a principal structure shall not be used for parking or storage of vehicles, recreational vehicles, machinery, or similar equipment.(20) Outdoor lighting.(a) Exterior artificial lighting shall be maintained in operating condition (as required by the New York State Uniform Code).(b) All outdoor lighting fixtures shall be equipped and used in a manner which causes all of the luminous flux from said fixtures to fall upon the surface of the structure or ground which is intended to be illuminated (as required by Chapter 222, Outdoor Lighting, of the Code of the Town of Webster).B.

Garbage and refuse.(1) Storage of refuse.(a) In accordance with Chapter 281, Solid Waste Management, no person shall accumulate or permit the accumulation of refuse upon any premises owned or occupied by him/her except for the purpose of collection, which shall normally occur at intervals not less frequent than once every seven days, except for holidays, Sundays, vacations or extraordinary weather, or except where caused by or arising out of the construction or remodeling of a dwelling or other building on the premises or incidental to the landscaping of said premises or customary agricultural operations thereon, in which cases due care shall be taken that such accumulation shall not create an unsightly appearance or unreasonably disturb the comfort and repose of the neighborhood and shall be removed within a reasonable time or immediately upon completion of the work causing such accumulation.(b) The determination of violations related to this provision shall be in the sole discretion of the Code Enforcement Official (as required by Chapter 281, Solid Waste Management, of the Code of the Town of Webster).(2) No person shall throw or deposit or cause to be thrown or deposited any refuse, hazardous waste or recyclable materials in or upon any portion of a public right-of-way, street or place or on any property not owned or occupied by him/her, or in any refuse container not owned, leased or rented by him/her within the Town of Webster.(3) Preparation of leaves for collection.

In the fall, leaves may be collected by the Town. All leaves must be stored outside of Town gutters and roadways. Leaves stored in yard waste bags, wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and waste baskets shall not be collected by the Town. All leaves must not be mixed with other yard trimmings or refuse materials set out for collection. Town leaf collection may begin in the month of October each year and may end in the month of December each year at the discretion of the Highway Superintendent.(4) Preparation of bulky refuse.(a) Appliances and bulk refuse shall be dismantled in such a way so as not to pose a threat to public health and safety.

For example, refrigerator doors must be removed from their hinges. ("Bulk refuse" as defined by Chapter 281, Solid Waste Management, of the Code of the Town of Webster.)(b) Such bulk refuse is to be placed at the curb in an area no larger than five feet by five feet square by three feet high, or an equivalent volume. Amounts in excess of this quantity will require special collection arrangements to be made by the person. ("Bulk refuse" as defined by Chapter 281, Solid Waste Management, of the Code of the Town of Webster.)(5) Preparation of garbage/refuse.(a) Garbage/refuse shall be stored in proper containers.

Such receptacles shall be a container of sufficient capacity, and said container shall have handles, a tight-fitting cover and shall be watertight. All such receptacles shall be securely closed at all times. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and wastebaskets are not considered suitable containers for collection of garbage/refuse (as required by Chapter 281, Solid Waste Management, of the Code of the Town of Webster).(b) Except for one-family or two-family residential uses, refuse containers shall be stored either inside of a building or within an enclosure which screens said containers from public view.

Such enclosure must screen containers from public view on no fewer than three sides and shall have operable swing gates to provide refuse collectors access to said containers.(6) Storage of junk.(a) The outdoor storage or maintenance of junk shall not be permitted on any lot in any district.(b) Definition of junk. As used in this section, the term "junk" shall mean any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition that is not readably useable for its intended purpose.

This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires.

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