Thursday, January 17, 2002
Richfield Springs adopts property maintenance law
By RITA FERRANDINO
Staff Writer
RICHFIELD SPRINGS The village board of Richfield Springs voted to adopt an updated version of their property maintenance law during their January 10 meeting. The community turned out to voice their opinion on the matter.
Bill and Cindy Klemm read a prepared statement at the start of the meeting.
"These imposing laws will not help our citizens work together as neighbors and friends. They will not help us appreciate, or even tolerate, one another's right to be secure in our homes. They are just plain rotten meanness," they wrote.
The Klemms suggested offering to help neighbors clean up their land or moving to another location. The original law was adopted in December 1973, and the changes, according to village clerk Lynette Dibble's minutes of the meeting, were provided by the New York Conference of Mayors.
"The village is reviewing and updating local codes to keep in line with state recommendations and building codes. Our ultimate goal is to update the entire village code book," Richfield mayor Robert Buck said the week before the meeting.
Outdoor storage, accumulation and deposit of motor vehicles, rubbish, debris or solid waste will not be allowed.
Tim Coveny expressed concern about this because people "often have cars on their property that they are working on or restoring. Often this is one car for parts and one being worked on. This law would prohibit even that."
Properties will not be permitted to become overgrown with weeds, grass or poisonous growth, and dead or decayed trees must be removed because they create a "significant danger to the environment, lead to infestation of insects, vermin or rodents, depreciate property values and have a deteriorating and blighting effect upon the neighborhood and community," the law states.
Buck pointed out that much of the law is already in the code.
"Being neighborly is great, but the village deals with complaints on a monthly basis regarding stockpiles of junk, garbage, un-mowed lawns and more. The board's intention is to have an enforceable law, not to become a police state," he said.
James Leo, village of Richfield Springs enforcement officer, stepped up to explain the reality of the law.
"For years the village code was not enforced, or not effectively enforced," he said, adding that the present code has many conflicting sections and that violators are given ample time to comply. "These are not new laws, just better defined and easier to enforce."
Ron Crist said that anything that would improve the village should be adopted.
If conditions existing on inspected property are found to be in violation of the law, a designated officer will serve written notification of violation. The notice will contain information about the property's owner and occupant, the address and conditions of the property deemed upon inspection to be in violation. according to the law, ten days will be given in order to remove, cut or mow the violation.
Notice of a date, time and location of a public hearing will be issued as well.
"The property owner, his/her agent, lessee or occupant is entitled to be heard at such hearing and present evidence and testimony," states the law. The date of the public hearing must be at least ten days after the mailing of the Notice of Violation.
The notice of public hearing will be published in a paper of general circulation in the village at least five days prior to the date of the public hearing. On or before the date of the public hearing, a duly authorized officer will conduct a second inspection of the property and file a written report of findings.
At the close of the public hearing, the village board may determine that conditions on a property violating the code may constitute a public nuisance, and the village would be empowered to authorize removal of the nuisance, according to the village's notice. Any costs and expenses incurred by the village "shall be assessed against the property involved and shall constitute a lien...to be collected as provided by law."
A copy of the revised law is available at the village clerk's office.