[HISTORY: Adopted by the Town Board of the Town of Geneseo 9-11-1986 by L.L. No. 12-1986.[1] Amendments noted where applicable.]
It is hereby declared that the outdoor storage and maintenance
of abandoned, junked, discarded, dismantled and unlicensed motor vehicles,
household appliances, lawn mowers and motorized yard equipment, rubbish
and debris upon privately owned properties within the Town of Geneseo
is a matter affecting the public interest. Such storage and maintenance
constitutes a nuisance and an unsightly condition and is a source
of vexation and annoyance not only to the owners and occupants of
adjoining lands but also to the general public. The preservation of
peace and good order, the safeguarding of health, safety and general
welfare and the protection of private property compel the Town Board
of the Town of Geneseo to legislate upon this subject matter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment abandoned, junked, discarded
or wholly or partially dismantled, no longer intended or in condition
for ordinary use for the purpose for which it was designed originally.
A vehicle, as defined in the New York State Vehicle and Traffic
Law or amendments thereof, which:
Does not for a period of 120 days have a current vehicle registration,
license plate or inspection certificate;
Cannot be put into an operational condition except at a cost
in excess of its market value after repair; or
Has been discarded for use as a vehicle or for any other legal
purpose.
The person having legal title to real property or the person
in possession thereof shall each be considered "owners" of property
for the purposes of this chapter.
An individual, partnership, association, corporation or legal
representative.
Includes ordinary household or store trash of a flammable
character, such as barrels, cartons, boxes, crates, furniture, rugs,
clothing, rags, mattresses, blankets, rubber tires, lumber, brick,
stone and other building materials no longer intended or in condition
for ordinary use, and any and all tangible personal property no longer
intended or in condition for ordinary and customary use.
No person shall have or permit the existence of junk vehicles,
appliances, lawn mowers, motorized yard equipment, rubbish or debris
out of doors on property owned by such person within the Town of Geneseo
outside of the Village of Geneseo.
A.
The Zoning Enforcement Officer of the Town of Geneseo or any other
agency or official authorized from time to time by the Town Board
of the Town of Geneseo by resolution shall inspect property and file
a written report of violations by owners with the Town Clerk. The
Zoning Enforcement Officer shall prepare a written notice and shall
cause the same to be served upon the owner personally or by certified
mail. The notice shall contain the following:
(1)
The name of the owner to whom the notice shall be addressed.
(2)
The location of the premises involved in the violation.
(3)
A statement of the facts which it is alleged violate this chapter.
(4)
A demand that the junk vehicle, appliance, lawn mower, motorized
yard equipment, rubbish or debris be removed from the premises within
10 days after service or mailing of the notice.
(5)
A statement that a failure to comply with the demand may result in
prosecution.
(6)
A copy of this chapter.
B.
Upon application of the alleged owner showing reasonable cause, the
Town Board of the Town of Geneseo may grant an extension of up to
90 days for the owner to comply with the demand of the Zoning Enforcement
Officer.
No person shall willfully place a junk vehicle, appliance, lawn
mower, motorized yard equipment, rubbish or debris on premises which
such person does not own.
This chapter does not apply to any junkyard permitted under
other local laws or ordinances of the Town of Geneseo.
[Amended 3-10-1988 by L.L. No. 1-1998]
Any person violating any provision of this chapter shall be
guilty of an offense punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. The
continuation of any such violation of this chapter shall constitute,
for each week the offense is continued, a separate and distinct offense
hereunder.
In the event of any violation of this chapter, the Town Board,
or with its approval, the Zoning Enforcement Officer or other official
designated by the Town Board, in addition to other remedies, may institute
any appropriate action or proceeding to prevent such use of property
in violation of this chapter and to restrain, correct or abate such
violation, whether by judicial injunction or otherwise.
