[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven 11-13-2006 by L.L. No. 4-2006[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Dumping and littering — See Ch. 85.
Peace and good order — See Ch. 100.
Zoning — See Ch. 150.
[1]
Editor's Note: This local law also superseded former Ch. 79, Junkyards,
adopted 6-22-1970 as Ch. 15 of the 1970 Code, as amended.
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Village of Fair Haven,
and the general welfare of its citizens. It is further declared that the unrestrained
accumulation of junk motor vehicles is a hazard to the health, safety and
welfare of citizens of the Village, necessitating the regulation, restraint
and elimination thereof.
This chapter hereby supersedes Chapter 15 of the 1970 Code,[1] regulating junkyards, and all amendments thereto.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual designated by the Village to represent them in particular
matters pertaining to this law.
One or more abandoned or irreparably damaged pieces of indoor furniture
including, but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs and chest of drawers, one or more inoperable or unseaworthy
boats, whether propelled by motor, sail or any other means, and any combination
of the above that totals two items.
A "junk vehicle" is a motor vehicle, whether automobile, bus, trailer,
truck, tractor, mobile home, motorcycle, motor bicycle, mini bicycle or snow
mobile, or any other contraption originally intended for travel on the public
highways or any motor boat, row boat or sail boat, which is unlicensed, old,
wrecked, stored, discarded, abandoned, or dismantled, or partly dismantled,
which is not intended or in any condition for legal use upon the public highway
or waterway.
A licensed location for the placement and storage of junk.
The placement of goods in the open air, not covered by a building
consisting of four walls and a roof.
A location that stores and/or processes iron, steel and non-ferrous
scrap metals.
A.
This chapter shall not apply to farm machinery, including
tractors, where such farm machinery is actively used. "Actively used" shall
mean the machinery being used for its intended purpose within the immediate
two years prior to its placement on the premises.
B.
This chapter recognizes the existence of persons who
collect antique vehicles 25 years or older and those persons who restore antique
vehicles.
(1)
The collection of unlicensed antique vehicles in numbers
no greater than two shall be permitted, provided that said vehicles are in
a condition such that they could be licensed and operated upon the public
highways or waterways.
(2)
Any person showing that he or she collects usable antique
vehicles for a permitted business or hobby shall be allowed only one vehicle
for restoration purposes, provided that said restoration is completed within
one year from the date of placement of the vehicle to be restored on the premises.
A.
The owner or licensee of any such place of business, or any person, as defined in § 79-3, who commits or permits any acts in violation of any of the provisions of this chapter or fails to comply with the provisions thereof shall be deemed to have committed an offense against such chapter and also be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this law, the
person violating the same shall be subject to a fine of not more than $500
and/or 15 days in jail for each such offense. Such penalties shall be collectable
by and in the name of the Village for each day that such violations shall
continue.
C.
In addition to any other penalties or remedies available
to the Village under this section, the Board of Trustees may conduct a hearing
to determine whether such violation constitutes a significant public health
or safety issue. Such hearing shall be on a minimum of 10 days' notice
to the owner, which notice may be served personally or by certified mail,
return receipt requested, to the last known address of the owner as shown
on the last completed tax roll.
(1)
Such notice shall specify the date, time and place of
the hearing, the purpose of the hearing, the nature of the alleged violation
that the owner may be present and participate in the hearing individually
and/or through counsel, the fact that if the Village does determine that there
is a significant health, safety or welfare issue, that it may enter the property
to clean up the violation, and that all costs so incurred, including legal
expenses, which will be assessed against the land on which such building is
located shall be levied and collected in the same manner as provided in Article
4 of the Village Law for the levy and collection of a special ad valorem levy.
(2)
The Board of Trustees shall conduct a hearing on the
date and time indicated in the notice and shall make findings of fact. Based
on such findings, the Board of Trustees shall determine whether any remedial
action is required.
(3)
The Board of Trustees shall notify the owner of its decision
in the same manner as the notice of hearing. If no corrective action is taken
within 10 days of such notice being either mailed or personally served upon
the owner, then the Board of Trustees may authorize entry onto the property
to do such remediation work or removal and may charge all costs so incurred,
including legal expenses, as a tax against the land.
D.
In addition to all other penalties and remedies available
to the Village under this section, the Village shall have the authority, upon
resolution, to make an application at a special term of the Supreme Court,
in the judicial district in which such property is located, for an order determining
the property to be a public nuisance, directing that the property be repaired,
secured or cleaned by either the owner or the Village and imposing a fine
of $500 per day for each day the property remains in violation. In the event
the Village is authorized to remedy the situation, the costs so incurred,
including legal expenses, shall be a tax against the land on which such building
is located in the same manner as provided in Article 4 of the Village Law
for the levy and collection of a special ad valorem levy.
E.
The hearing process outlined in § 79-4C is
not an administrative remedy that must be exhausted before proceeding to Supreme
Court. The Board of Trustees for the Village of Fair Haven shall have the
discretion to determine which enforcement alternative is appropriate under
the circumstances of each case, and shall have the discretion to determine
whether to pursue more than one enforcement alternative.
No officer, agent or employee of the Village of Fair Haven shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Village of Fair Haven as the result of any act required or permitted
in the discharge of his duties under this chapter shall be defended by the
Village Attorney until the final determination of the proceedings thereon.
