[HISTORY: Adopted by the Town Board of the
Town of LeRay as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-28-1948]
No building or structure shall be erected or
plot of ground be used, or any existing building or plot of ground
shall be used within the limits of the Town of LeRay for the purpose
of establishing a junkyard, so-called auto graveyard, or the accumulation
of junk, auto or machinery parts or bodies, refuse or litter, unless
such building, structure or plot of ground be situated more than 1,500
feet from any dwelling or apartment house or place of human habitation,
or building used for business purposes, and unless such building or
structure or plot of ground so used for the purposes herein stated
shall be situate more than 1,500 feet from any state, county, Town
or other road or highway within the limits of the Town of LeRay.
A violation of this article shall be a misdemeanor
punishable by a fine not to exceed $100 or imprisonment in the County
Jail for a term not to exceed 30 days, or both such fine and imprisonment.
[Adopted 6-19-2008 by L.L. No. 6-2008]
The Town Board of the Town of LeRay, pursuant
to the authority granted Article 16 of the Town Law and §§ 10
and 20 of the Municipal Home Rule Law hereby enact as follows.
This article is adopted pursuant to the authority
granted the municipality in § 10 of the Municipal Home Rule
Law and in § 130(6) of the Town Law. This article shall
be known as "A local law regulating junk storage in the Town of LeRay."
The Town Board of the Town of LeRay hereby declares
that a clean, wholesome, and attractive environment is of vital importance
to the continued general health, safety and welfare of its citizens,
and that regulation of the deposit, accumulation, or maintenance of
junk regardless of quantity is hereby prohibited by means of the adoption
of minimum standards. By adoption of this article, the municipality
declares its intent to preserve and promote a reasonable quality of
environment and aesthetics and to prohibit actions and conduct that
tend to depreciate not only the property on which it is located but
also the property of other persons in the neighborhood and the community
generally.
As used in this article, the following terms
shall have the meanings indicated:
Ordinary household or stored trash such as paper, barrels,
cartons, boxes, bags, discarded plastic storage materials, crates,
furniture, rugs, clothing, rags, mattresses, blankets, tires, lumber,
brick, stone and other building materials no longer intended or in
condition for ordinary use; and any and all tangible personal property
or implements no longer intended or in condition for ordinary and
customary use, including vehicles and appliances, as defined below.
The person(s) appointed by the governing board to enforce
the provisions of law.
Any household appliance, including but not limited to a stove,
washing machine, dryer, dishwasher, freezer refrigerator, air conditioner,
water heater, or television, which is stored outside of any residence
or structure.
Farm machinery or farming implements which are either abandoned,
wrecked, discarded, or dismantled (agricultural equipment requiring
extensive repair and of no value for parts for working equipment on
that farm).
Abandoned, discarded, or irreparably damaged furniture including,
but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs, and chests of drawers.
Any enclosed dwelling built upon a chassis, motor vehicle,
or trailer used or designed to be used for either permanent or temporary
living or sleeping purposes, including motor homes, truck campers,
camping trailers, campers, travel trailers, pop-up trailers, tent
trailers and overnight trailers. To qualify as a junk mobile home,
the dwelling must meet two out of three of the following conditions
for six months or more:
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle
which is unlicensed or unregistered; or abandoned, wrecked, stored,
discarded, dismantled, or partly dismantled; or not in condition for
legal use upon the public highways. The fact that a motor vehicle
does not display a current motor vehicle registration or license plate
shall be presumptive evidence that such motor vehicle is not in condition
for legal use upon the highways. With respect to any motor vehicle
not required to be licensed or a motor vehicle not usually used on
public highways, the fact that such motor vehicle is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is a junk motor vehicle unless refuted by verifiable
and credible proof.
The areas of any real property used or intended to be used
for the placement, storage or deposit of one or more of the following:
junk appliances, junk furniture, junk mobile homes, and junk motor
vehicles.
Storage other than in a completely enclosed structure, such
as a garage or barn.
A person, other than a lien holder, having possession or
title to a motor vehicle. The term includes a person entitled to the
use and possession of a motor vehicle subject to a security interest
in another person and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period of greater than 30 days.
An individual, partnership, association, corporation, or
entity of any other kind.
The following conditions are declared to be
and deemed to be unlawful nuisances and the maintenance of such nuisances
is hereby prohibited in the Town of LeRay. It shall be unlawful for
any owner of real property within the Town whether individual, firm
or corporation lawfully occupying any real property within the Town
to permit:
A.
The deposit, accumulation, or storage of junk, regardless
of quantity, is hereby prohibited within sight of persons traveling
the public highways or within sight of neighboring property. The provisions
of this article shall also be applicable to conditions existing at
the time of enactment.
B.
It shall be unlawful for any person to use a bus,
uninhabited mobile home, truck, truck trailer, horse trailer, semi-trailer,
tank truck, or similar vehicles or units for the storage of junk on
any premises. Exceptions shall be made for the temporary use of such
vehicles or units for construction purposes for periods of less than
90 days, or when actively used in connection with active farming or
agricultural operations.
A.
Section 102-8 shall not apply to the storage or placement on the premises of the following material:
(1)
Wood intended for consumption in a woodburning stove,
furnace or fireplace located in a building on the premises.
(2)
Lawn or yard or garden ornaments and implements.
(3)
Lawn and patio furniture.
(4)
Operable farm, garden and yard machinery and apparatus
used on the premises.
(5)
Standing fences.
(6)
Hoses and sprinklers used for watering lawns or gardens.
(7)
Storage or placement and accumulation of materials
in connection with a commercial operation duly conducted on the premises
where such storage, placement and accumulation are expressly permitted
by the laws of the municipality.
(8)
Construction materials and equipment used for the
construction or renovation of a building on the premises for which
a building permit has been issued.
B.
The following conditions are hereby excluded:
(2)
Seasonal vehicles including but not limited to snowplows
and race cars or machinery during their off-season if kept in a location
not visible from any road, street or highway, when practicable.
(3)
An antique or classic motor vehicle or farm implement
which is in the process of being restored may be kept so long as inside
a building, covered, or stored outside of public view.
(a)
ANTIQUE MOTOR VEHICLE OR FARM IMPLEMENT —
A motor vehicle or farm implement, but not a reproduction thereof,
manufactured more than 25 years prior to the current year, which has
been maintained in or restored to, or will be maintained in or restored
to, a condition which is substantially in conformance with the manufacturer's
specification.
(b)
CLASSIC MOTOR VEHICLE OR FARM IMPLEMENT —
A motor vehicle or farm implement, but not a reproduction thereof,
manufactured more than 10 years prior to the current year and which,
because of discontinued production and limited availability, is considered
to be a model or make of significant value to collectors or exhibitors.
(4)
Farm machinery where such machinery is actively used,
including tractors and unlicensed vehicles which are not driven on
public roads. In the off-season farm machinery shall be stored in
a reasonable compact area away from any road, street or highway and
concealed when practicable.
(5)
Farm machinery kept for parts shall be kept in a location
not visible from any road, street or highway, when practicable.
This article may be enforced by the Building
Inspector, Zoning Enforcement Officer, or by any police officer of
the municipality. Said persons shall have the authority to enforce
the provisions of this chapter and to inspect premises within the
municipality as necessary for said enforcement.
Any person may file a complaint with the Zoning
Enforcement Officer that a violation of this article may have taken
place. The enforcement officer shall properly record and investigate
any such complaint. The enforcement officer may also investigate any
alleged violation that he or she has reason to believe has occurred
or is occurring.
A.
Upon an alleged violation of § 102-7, Unlawful nuisances, requirements, the Town of LeRay Code Enforcement Officer shall issue a notice to comply directing the owner(s) to remedy the situation. The notice to comply shall afford a minimum of 10 days to rectify the situation or to submit an acceptable plan to rectify the situation.
B.
The written notice to comply shall contain the following
information:
(1)
The name of the owner or occupant 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 violates
this article.
(4)
A demand that the junk be removed or placed so as
to be in compliance with the law within a specified number of days
after the 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 the law.
In the event of noncompliance, the Code Enforcement
Officer shall undertake the following tiered procedure of enforcement:
A.
The Code Enforcement Officer shall, in the first instance
of alleged violation, issue an appearance ticket to the Town of LeRay
Justice Court pursuant to Criminal Procedure Law § 150.20(3)
to any person causing a violation of this article, and shall cause
such person to appear before the Town Justice for determination of
the offense.
B.
On a subsequent offense and/or upon the failure of
an owner, tenant or occupant with notice to correct a violation of
the Town of LeRay, the Code Enforcement Officer will refer the matter
to the Town Board of the Town of LeRay for administrative action.
The governing board shall hold a public hearing to determine whether
the violation constitutes a public nuisance requiring abatement by
the municipality. The public hearing shall be held upon notice posted
conspicuously on the subject property. The notice shall also be sent
to the last known address of the property owner, as it appears on
the current assessment records of the municipality, by certified mail,
return receipt requested, or served on the owner by personal service.
Posting and service of such notice shall not be less than 15 calendar
days, exclusive of the date of service, prior to the date of the public
hearing. The notice shall:
(1)
Identify the premises as the same appears on the current
assessment role;
(2)
Contain a statement of the conditions on the property
deemed upon inspection to constitute a public nuisance;
(3)
Contain a demand that the condition or conditions
constituting the public nuisance be immediately abated or removed
before the date of the hearing specified in the notice;
(4)
Contain a statement that a failure or refusal to comply
within the period specified may result in a duly authorized officer,
agent or employee of the municipality entering upon the property and
abating or removing the public nuisance; and
(5)
Contain a statement that the cost and expense of such
abatement or removal shall be the responsibility of the owner, tenant
or occupant, and, without limitation on the municipality's potential
remedies to recoup its expenses, such cost and expense shall be assessed
against the described property and shall constitute a lien thereon
to be collected as provided by law.
C.
The property owner shall be notified of such hearing
a minimum of 10 days in advance by personal delivery or by certified
mail, return receipt requested, to the last known address of the property
owner shown on the last completed tax roll. The property owner shall
have the right to be present at such hearing to cross-examine witnesses,
to present witnesses or evidence on their own behalf and to be represented
by counsel.
D.
Where the governing board finds, based on substantial
evidence in the public hearing record, that the violation or violations
amount to a public nuisance requiring abatement by the municipality,
the governing board may cause the abatement or removal of the public
nuisance.
E.
The abatement or removal may be performed by the municipality
or by its designee, or agent, including a private contractor lawfully
engaged and authorized by the municipality. The governing board shall
ascertain the cost of removal, and assess such expense against the
record owner of the property. The expense so assessed shall constitute
a lien in charge on real property on which it is levied until paid
or otherwise satisfied or discharged and shall be collected in the
same manner and at the same time as other town/village/city charges.
The foregoing shall not be construed as a limitation on the municipality's
potential remedies to recover its costs. The removal of any nuisance
by the municipality's agents shall not operate to excuse such owner,
tenant or occupant from properly maintaining the premises as required
by this article. Such owner, tenant or occupant shall, in addition
to the remedies provided herein, be subject to any other penalties
provided for by this article.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be judged a disorderly
person and shall be punished be a fine of no less than $100 and not
to exceed $250 or by a penalty of $250 to be recovered by the Town
in a civil action.
B.
The imposition of any penalty for any offense committed
against the provisions of this article shall not affect the power
of the Town Board to require the abatement of the nuisances enumerated
herein within such a time as the Town Board shall fix, nor shall it
prevent, in the event of neglect or refusal by any person to comply
with any or all of the provisions of such an order to correct a violation
of this article, entry by the Town Board or its designees upon the
premises affected by such nuisances, the removal of such nuisances
by the Town or its agents and the assessment of all costs of such
removal, including reasonable attorney's fees, against the real property
affected.
On notification by a property owner that a motor
vehicle has been abandoned on his/her property by other than the owner,
the owner's spouse, parents, children or entity in which the owner
has an ownership interest, the enforcement officer may follow the
procedures established in Vehicle and Traffic Law § 1224
to achieve the removal of the abandoned vehicles.
