[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Property Maintenance
Local Law."
A.
It is hereby determined by the Village Board of Trustees
of the Village of Weedsport that the open storage of waste, placed or situated
on any property, constitutes a hazard to the health, safety and general welfare
of the citizens of the Village of Weedsport, New York.
B.
A clean, wholesome, attractive environment is declared
to be of importance to the health and safety of the inhabitants of the Village
of Weedsport and the general welfare of its citizens.
C.
The outdoor storage of such waste is unsightly. It constitutes
an attractive nuisance to children and a peril to their safety. Such waste
depreciates the value of neighboring properties and it is detrimental to the
preservation of peace and good order, the benefit of trade, the preservation
of public health, the protection of property and property values.
The use of any term in the singular herein is intended, where applicable,
to include the plural.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, whether automobile, bus, trailer, truck, tractor,
motor home, camper, motorcycle, minibicycle, snowmobile, motor bicycle, ATV
or any other device originally intended for travel on the public highways,
or any motorboat, rowboat, or sailboat meeting any of the following conditions:
Unlicensed, unregistered or uninspected for a period in excess of six
months;
Wrecked, abandoned, discarded, dismantled or partially dismantled or
not in condition for legal use upon the public highway or waterway;
Being held or used for the purpose of resale, reclamation, storage or
disposal of parts;
In such condition as to cost more to repair and place in operating condition
than its reasonable market value at the time before such repair; or
Left unattended for more than 96 hours on the property of another if
left without permission of the property owner.
With respect to any motor vehicle not required to be registered, licensed
and/or inspected or motor vehicle not usually used on public highways, the
fact that such motor vehicle has remained unused for more than three months
and is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is a junked motor vehicle.
The fact that a motor vehicle may be licensed or registered with the
State of New York but does not display a current license plate shall be presumptive
evidence that such motor vehicle is unlicensed.
A vehicle formerly used as a trailer to haul over the roadways, railways,
or waterways, currently being parked and used for storage. It may have axles
and/or wheels still attached.
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures, property
or roads as well as materials consisting of vegetation resulting from land
clearing and grubbing, utility line maintenance and seasonal and storm-related
cleanup. Such materials include but are not limited to bricks, concrete and
other masonry material, soil, rock, wood, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement,
glass, window frames, electrical wiring and components, plastics, carpeting,
foam padding, linoleum, metals, or any combination thereof which are incidental
to construction, excavation, renovation, equipping, remodeling, repair or
demolition.
Includes all putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including the
container in which packaged.
Any dwelling built upon a chassis, motor vehicle, or trailer used
or designed to be used for either permanent or temporary living and/or sleeping
purposes, including motor homes, truck campers, camping trailers, campers,
travel trailers, pop-up trailers, tent trailers and overnight trailers, which
is no longer suitable for human habitation.
Includes all vehicles as defined in New York State Vehicle and Traffic
Law § 125. The term "motor vehicle" as used in this chapter shall
also include "all-terrain vehicles" as defined by New York State Vehicle and
Traffic Law § 2281 and snowmobiles as defined by New York State
Vehicle and Traffic Law § 2221.
A temporary vehicle that is brought in for the purpose of removal
of construction or demolition debris that will be removed when construction
work is completed.
Includes all discarded or worthless nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, including but not limited to
paper and paper products, rags, wrappings, cigarettes, cardboard, tin cans,
yard clippings, wood, glass, metals, plastics, tires, bedding, cloth, crockery,
furniture, appliances and similar items.
Includes all putrescible and nonputrescible materials and substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless or in excess to the owner at the time of such discard
or rejection, including but not limited to household and commercial garbage,
industrial waste, rubbish, debris, litter and ashes.
Includes all abandoned, junked or inoperative motor vehicles, containers,
debris, garbage, junk mobile homes, rubbish and solid waste.
The open storage and/or accumulation of waste is hereby prohibited.
No roll-off dumpster or any facsimile shall be allowed within the Village
limits, unless used temporarily to remove construction debris.
A.
Antique vehicles. This chapter recognizes the existence
of those persons who collect antique vehicles (25 years or older) and those
persons who restore antique vehicles.
(1)
The collection of unlicensed antique vehicles in number
no greater than two shall be permitted, provided that said vehicles are in
a condition such that they could be licensed and used upon the public highways
and/or waterways.
(2)
Any person showing that he or she collects usable antique
vehicles for business or hobby shall be allowed 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 vehicle
restoration permit shall be required prior to any unusable antique vehicle
being placed on property. Any person having existing antique vehicles on his
or her property shall have to obtain a permit which will be valid for one
year.
B.
Motor vehicles offered for sale. A person, firm or corporation,
either as owner or occupant of any private property within the Village of
Weedsport, shall be allowed to exhibit for sale an unlicensed motor vehicle,
subject to the following:
(1)
No more than one unlicensed motor vehicle shall be exhibited
for sale at any one time.
(2)
An unlicensed motor vehicle shall be exhibited for sale
for a period not to exceed 30 days.
(3)
Any motor vehicle exhibited for sale must be owned by
the owner or occupant of the private property on which said motor vehicle
is exhibited for sale.
C.
Commercial operations.
(1)
Persons or businesses that have a valid permit or license
issued by the State of New York to operate a repair shop or dealership may
remain, provided that the vehicle(s) being sold or serviced or otherwise is
in such condition that it may be licensed, registered and/or inspected at
any time.
(2)
Any used or unused parts that are stored for normal business
operations may remain, provided they are shielded from sight of the neighboring
area and all properly screened and buffered.
This chapter shall not apply to any junkyards as defined in Chapter
100, Junkyards, of the Village Code.
The Code Enforcement Officer shall inspect the property and file a written
report of violations with the Village Clerk. The Code Enforcement Officer
shall prepare a written notice and shall serve such notice upon the owner
or occupant personally or by certified mail. The notice shall contain the
following:
A.
The name of the owner or occupant to whom the notice
shall be addressed.
B.
The location of the premises involved in the violation.
C.
A statement of the facts which it is alleged violate
this chapter.
D.
A demand that the violation be corrected and/or be in
compliance with this chapter within 10 days of the service or mailing of the
notice.
E.
A statement that a failure to comply with the demand
may result in prosecution.
