Chapter 223

Chapter 223

PROPERTY MAINTENANCE

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 3-23-2009 by L.L. No. 1-2009.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 105.

Housing standards — See Ch. 179.

Littering — See Ch. 193.

Solid waste — See Ch. 253.

~ 223-1. Title.

  This chapter shall be known as the “Property Maintenance Code of the Village of Fredonia.”

~ 223-2. Unlawful acts.

     A. It shall be unlawful and a violation of this chapter for the owner or owners of any real property located within the corporate limits of the Village of Fredonia to allow such real property located within 250 feet of any dwelling to become overgrown with weeds, such as ragweed, poison ivy or other harmful or poisonous weed or plant, or grass or brush in excess of six inches in height.

     B. It shall also be unlawful and a violation of this chapter for the owner or owners of any real property and tenants of real property within the Village of Fredonia to allow the accumulation on such property of rubbish such as broken glass, empty cartons or boxes, cans, bottles, papers or paper products, garbage bags or other discarded items of trash. Also included within the definition of “rubbish” is any furniture of any kind not intended for outdoor use or which is broken and not in good repair, or unsightly, and which is located on porches, steps, lawns or any other location around or outside of any real property building.

~ 223-3. Definitions.

  As used in this chapter, the following terms shall have the meanings indicated:

                        DWELLING — A house, apartment building or other building designed or used primarily for human habitation.

                        OWNER — Includes the legal owner. For the purpose of this chapter, owner shall also include any agent or any owner, including any director, officer or employee of a corporation or any other person who is authorized to act on behalf of the corporation.

~ 223-4. Duty of owners and tenants.

  It shall be the duty of the owner or owners of any real property located within the Village of Fredonia to cut and remove any such brush, grass or weeds thereon and to remove from such real property any accumulation of rubbish thereon. With respect to an apartment house, it shall also be the duty of the tenant, in addition to the owner, of any apartment within the Village to remove any rubbish from any apartment or any area in or around the apartment or dwelling which the tenant may use as part of the apartment rented by such tenant. The Code Enforcement Officer shall have the right to enforce this chapter against either the owner or the tenant or both.

~ 223-5. Failure to comply; notice; abatement by village; assessment of costs; disposal of items.

     A. In case the owner or owners of real property located within the corporate limits of the Village of Fredonia shall fail to comply with any provision of ~ 223-2 or 223-4 of this chapter or any tenant fails to comply with ~ 223-2B or 223-4, the Code Enforcement Officer or his assistant shall cause to be served upon such owner or owners or tenant, by certified mail or by personal service or by affixing a notice on the front door of the premises and mailing such notice to the tenant or owner, a written notice requiring such owner or owners or tenant to comply with the provisions of this chapter. If such owner or owners or tenant fails, neglects or refuses to so comply within three days after service of such notice, the Board of Trustees may order or contract for or otherwise cause the cutting and removal, etc., of the weeds, brush, grass or rubbish. However, prior to action by the Board of Trustees, the owner and/or tenant shall be given notice of the time and place to meet with the Code Enforcement Officer or an assistant Code Enforcement Officer prior to the date of the Village Board meeting where action may be taken to order removal for an opportunity to be heard.

     B. The owner or owners of such real property shall pay to the Village all costs in connection with such cutting and/or removal within 30 days after completion thereof. Upon failure of such owner or owners to pay such costs, the Board of Trustees shall certify such costs to the Receiver of Taxes of the Village, and thereupon such costs shall become a lien upon the real property involved and shall be added to and become a part of the taxes next to be assessed and levied upon such real property and shall bear interest at the same rate as and shall be collected and enforced in the same manner as taxes. In addition to the foregoing, the Village of Fredonia is authorized to collect such unpaid costs by any other civil remedy against the owner or tenant.

     C. Any furniture removed shall be stored by the Village for at least 14 days without liability to the Village. During the storage period, the owner of such furniture, upon satisfactory proof to the Village of ownership, may reclaim the furniture upon payment to the Village of the costs of removal and a storage fee of $5 per day. After 14 days’ storage, the Village is authorized to dispose of such furniture at the County landfill or other appropriate place or donate to a charitable purpose. All other refuse, garbage or discarded rubbish may be disposed of upon removal by the Village in any mariner it deems proper.

~ 223-6. Penalties for offenses.

     A. Any owner who shall neglect or refuse to comply with the notice to cut, trim and remove brush, grass, weeds or other growth or any owner or tenant who neglects or refuses to remove rubbish, garbage or waste materials as required by this chapter or who shall otherwise violate any of the provisions of this chapter after service of a three-day notice as set forth in ~ 223-5 of this chapter or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Fredonia in the cutting, trimming and removal of brush, grass, weeds or other growth or rubbish shall be guilty of an offense, upon conviction thereof, punished by a fine not exceeding $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day that such offense exists after service of a three-day notice shall be considered a separate occurrence and may constitute a separate additional violation. The Village Code Enforcement Officer or assistant Code Enforcement Officer of the Village is hereby authorized to issue an appearance ticket for any violation of this chapter.

     B. The penalties prescribed by Subsection A of this section may be imposed separately or be in addition to the provisions of ~ 223-5 of this chapter. Nothing contained in Subsection A shall prevent the Village of Fredonia from ordering the cutting or trimming and removal of brush, grass, weeds or other growth or rubbish in accordance with the terms and provisions of this chapter, and the removal of such substances shall be in addition to any penalties that may be imposed pursuant to said Subsection A.

~ 223-7. Nonresident owners and other notice.

  In the event that the owner or owners of the real property is or are nonresidents of the Village, a notice to so cut and/or remove such brush, grass, rubbish or weeds mailed to such owner or owners at the last known address as shown on the tax assessment roll of the Village of Fredonia shall be sufficient notice thereof. Other notices required by this chapter shall be given by certified mail, personal service or by affixing a notice on the door of the apartment or dwelling and by mail to the address of the premises.

~ 223-8. Conflict with other laws.

  This chapter shall be in addition to any other laws relating to property maintenance. If there is a conflict between this chapter and any other law, the more strict law shall apply.

[1] Editor’s Note: This local law also repealed former Ch. 223, Property Maintenance, adopted 1-12-1970, amended 8-14-1972, 7-8-1974 by L.L. No. 2-1974 and 8-9-1982 by L.L. No. 6-1982.