[Amended 10-4-2011 by L.L. No. 18-2011]
It is hereby declared that the outdoor placement,
maintenance, existence, deposit, situating, putting, positioning or
maintenance of abandoned, junked, discarded, dismantled and unlicensed
or unregistered motor vehicles, household appliances, solid waste,
rubbish, debris or any other objects identified herein, upon privately
owned properties within the Town is a matter affecting the public
interest. Such placement, storage and maintenance constitutes a nuisance
and a blight, is aesthetically unpleasant, an unsightly condition
and a source of vexation and annoyance not only to the owners and
occupants of adjoining lands, but also to the general public. The
Town Board does not find that it be required that any of the aforementioned
or stated hereinafter objects or items or vehicles be present on said
premises for any period of time. The existence of same at any given
time shall be as offensive, unsafe, unhealthy, in degradation of the
public good and welfare and be prohibited as if it should exist or
be maintained for any period of time. The preservation of peace, good
order, the safeguarding of health, safety and general welfare and
the protection of private property and the removal and avoidance of
blight on a neighborhood compel the Town Board to legislate upon said
subject matter.
[Amended 6-3-2003 by L.L. No. 8-2003; 7-15-2003 by L.L. No.
12-2003; 12-2-2003 by L.L. No. 29-2003; 4-12-2005 by L.L No. 4-2005; 6-19-2007 by L.L. No.
12-2007; 11-8-2007 by L.L. No. 20-2007; 10-4-2011 by L.L. No. 18-2011]
A.
Outdoor placement, maintenance, existence, deposit, situating, putting,
positioning or storing of any of abandoned, junked, discarded, dismantled
and unlicensed or unregistered motor vehicles, household appliances,
solid waste, rubbish and debris or any other objects identified herein.
(1)
On private property.
(a)
Vehicles, waste and other objects.
[1]
It shall be unlawful for any person, as owner, occupant, lessee
or agent, or in any other capacity, to store, deposit, put, place,
maintain, suffer or cause or permit to be stored, deposited, placed
or maintained outdoors, or for the following to exist outdoors, any
wholly or partially dismantled and/or covered vehicles; appliances;
solid waste; rubbish; paper and paper products; furniture; mattresses;
bedding; yard waste; bagged materials; plastic bags either full, partially
full or empty; tires; motor vehicle parts; vehicle parts; piles or
mounds of grass; vegetation and/or plant clippings; logs; stumps;
branches; metal; plastic; cans; beverage and food containers; putrescible
animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food; cardboard; wood; excelsior and cloth;
also food cans; glass food containers and bottles; construction materials
and/or construction and demolition debris; plant matter resulting
from landscaping activities, including but not limited to such items
as lawn clippings; tree trimmings; prunings; piles, mounds or stacks
of weeds and garden wastes; barrels; cartons; boxes; crates; rugs;
clothing; rags; blankets; small tree trimmings; small stumps and similar
garden waste; shavings, sawdust and such other materials not otherwise
defined herein as may be readily consumed by incineration or debris
as defined in this chapter upon any private property within the Town.
[2]
Nothing in this section shall prohibit the covering of a vehicle
which visibly, manifestly, clearly and patently displays a valid license
plate, properly issued to said vehicle and properly affixed to said
vehicle pursuant to the state issuing said license plates.
[3]
There shall be a presumption in any proceeding for a violation
of this subsection that a covered object which, by its size, shape,
appearance, outline and/or the observation of tires or other motor
vehicle parts protruding or displayed from under the covering, is
a motor vehicle. This presumption may be rebutted by substantial evidence
that said object was not a vehicle.
[4]
Nothing herein shall require that any of the aforementioned
objects or items or vehicles be present on said premises for any period
of time. The existence of same at any given time shall be a violation
of this chapter.
(b)
It shall be unlawful for any person, as owner, occupant, lessee
or agent, or in any other capacity, to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained any
motor vehicle which does not display valid license plates, properly
registered to the vehicle and properly affixed in compliance with
the regulation of the state issuing the license plate, upon any private
property within the Town.
[1]
Nothing herein shall require that any vehicle be present on
said premises for any period of time. The existence of same at any
given time shall be a violation of this chapter.
(c)
It shall be unlawful for any person, as owner, occupant, lessee
or agent, or in any other capacity, to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained any
motor vehicle which does not display a valid registration sticker
on the vehicle, which said registration sticker is properly issued
to the vehicle and properly affixed to the vehicle in compliance with
the state that issued the registration sticker, upon any private property
within the Town.
[1]
Nothing herein shall require that any vehicle be present on
said premises for any period of time. The existence of same at any
given time shall be a violation of this chapter.
(d)
Use of waste containers without validly issued plate or tag.
[1]
It shall be unlawful for any person, as owner, occupant, lessee or agent, or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discarded, wholly or partially dismantled vehicle or vehicles, appliance, solid waste, rubbish or debris in any container, rolloff, dumpster, compactor and/or collection box which does not contain a validly issued plate or tag from the Town of Babylon pursuant to § 133-15 of the Babylon Town Code for the materials being placed therein.
[2]
Upon violation of § 133-25A(1)(d)[1], the Town of Babylon may immediately impound the container, rolloff, dumpster, compactor and/or collection box and charge the property owner a fee equal to the commercial garbage district rates.
(2)
At property line.
[Amended 12-2-2020 by L.L. No. 14-2020]
(a)
No person who is the owner, occupant or lessee of any premises
abutting on any street, road, highway or parkway shall place, keep,
permit or suffer to be placed or kept at or around the vicinity of
the property line of his premises any goods, wares, merchandise, boxes,
barrels, debris, high grass, or material things of any kind or description,
but nothing contained in this section shall prevent persons from:
[1]
Placing goods, wares, merchandise or household furniture at
or around the vicinity of the front property line temporarily while
loading or unloading it, if it is done without unnecessary delay and
if such goods, wares or merchandise are not allowed or permitted to
remain at or around the vicinity of the front property line for a
longer period than one hour; or
[2]
Depositing or storing at or around the vicinity of the front
property line acceptable waste scheduled for collection by a licensed
refuse collector after 1:00 p.m. on the eve of said collection; or
[3]
From storing a licensed and registered motor vehicle at or around
the vicinity of the front property line.
(b)
Wherever it shall appear that the provisions of § 133-25A(2)(a) are violated, the inspector or such other person or agency authorized by the Town Board to have jurisdiction thereof shall remove or cause to be removed the goods, wares, merchandise or household furniture, and the cost of such removal shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
[Added 9-17-2002 by L.L. No. 28-2002]
A.
No owner or occupant of any developed parcel of land
located in the Town of Babylon shall permit thereon an accumulation
or growth of weeds, brush, grass, grains or other growths or by-products
of the same which have attained or exceeded the height of eight inches;
this shall not apply to mature and healthy trees or reasonably manicured
shrubs or bushes growing upon the premises. "Developed property" shall
mean property on which a certificate of occupancy has been issued.
B.
No owner or occupant of any undeveloped parcel of
land located in the Town of Babylon shall permit thereon an accumulation
or growth of weeds, brush, grass, grains or other growth or by-products
of the same which have attained or exceeded the height of two feet;
this shall not apply to mature and healthy trees or reasonably manicured
shrubs or bushes growing upon the premises. "Undeveloped property"
shall mean property on which no certificate of occupancy has been
issued and no legitimate nonconforming structures exist.
C.
Whenever it shall appear that the provisions of this chapter are being violated, correction of such violation may be made by the Town of Babylon and the cost of said correction assessed to the owner. Prior to correction, the Town of Babylon shall comply with the notice provisions as set forth in §§ 133-27 and 133-28.
D.
It shall
be unlawful for any person or entity, as owner, occupant, lessee or
agent, or in any other capacity, to store, deposit, place, maintain,
suffer or cause or permit to be stored, deposited, placed or maintained
on any unimproved and/or porous land surface, any motor vehicle that
may spill, release, discharge, or leak from such motor vehicle hazardous
waste, hazardous materials or unacceptable waste in any form, including
but not limited to, any petroleum hydrocarbon, including gasoline,
oil, transmission fluid and/or any other hazardous or regulated materials
or contaminants unless said premises is in compliance with all the
rules and regulations pertaining to the storage of motor vehicles
and potential associated substances hazardous or acutely hazardous
to public health, safety or the environment and has a certificate
of occupancy and license or permit for use of the premises for the
storage of motor vehicles and potential associated hazardous materials
or waste, issued by the Town of Babylon and, as applicable, any other
local or New York State Agency.
[Added 1-2-2020 by L.L. No. 3-2020]
[Added 5-22-2009 by L.L. No. 10-2009]
A.
It shall
be unlawful for any person, as owner, occupant, lessee or agent, or
in any other capacity, to store, deposit, place, maintain, suffer
or cause or permit to be stored, deposited, placed or maintained on
any premises, any hazardous waste, hazardous materials or unacceptable
waste in any form, including contaminated soil, lead base paint, radon,
asbestos, water, petroleum contaminated soils, and/or any other hazardous
material contamination.
B.
Nothing
in this section shall prohibit the storage of hazardous materials
or waste if the owner of said premises is in compliance with all the
rules and regulations pertaining to the storage of substances hazardous
or acutely hazardous to public health, safety or the environment and
has a certificate of occupancy and license or permit for use of the
premises for the storage of hazardous materials or waste, issued by
the Town of Babylon.
Any person who shall willfully and intentionally
place any solid waste, motor vehicle, appliance, rubbish or debris,
as the same are defined in this chapter, upon any property not owned,
leased or lawfully occupied by such person shall be deemed to have
violated this chapter and shall be subject to all the penalties herein
provided.
[Amended 6-19-2007 by L.L. No. 12-2007]
A.
Whenever it shall appear that the provisions of this
article are violated, any employee, official or agent of the Town
shall make an inspection of the property and shall issue a notice
of remediation.
B.
Notice of remediation.
(1)
If conditions existing on property violate the provisions
of this article, the Town shall serve or cause to be served a written
notice, either by posting said notice in a conspicuous place at the
premises, serving said notice personally to the owner, lessee or occupant
or by serving by certified mail to the address of the owner on file
with the Assessor’s Office.
(2)
Said notice shall contain substantially the following:
the name of the owner, lessee or occupant of the premises; the address
or location of the premises; the identification of the premises as
the same appears on the current assessment roll of the Town; a statement
of the condition of the premises as found on the inspection; demand
that the motor vehicle, appliance, solid waste, rubbish or debris
be removed from the premises within 72 hours after the service or
mailing of such notice; a statement that a failure or refusal to comply
with the provisions of this article and the notice given pursuant
thereto within the time specified will result in a duly authorized
officer, agent or employee of the Town entering upon the property
and removing such motor vehicle, appliance, solid waste, rubbish and
debris and causing the same to be disposed of or otherwise destroyed;
and that the cost and expense of such removal shall be certified to
the Assessor of the Town and shall be assessed against the described
property and shall constitute a lien thereon to be collected as provided
by law.
(3)
Nothing contained herein shall require notice as a
prerequisite to the issuance of a summons for a violation of any of
the provisions of this article.
[Amended 8-12-2003 by L.L. No. 15-2003; 6-19-2007 by L.L. No. 12-2007]
A.
If there is not compliance with the notice within 72 hours after the service or mailing of the notice required by § 133-27B, the Town shall remove or cause to be removed the motor vehicle, solid waste, rubbish or debris and shall certify the cost of said removal to the Assessor, and the cost shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
[Amended 6-19-2007 by L.L. No. 12-2007]
This article shall not apply to any junkyard
duly licensed under this Code.
[1]
Editor's Note: Former § 133-30,
Penalties for noncompliance, as amended 6-19-2007 by L.L. No. 12-2007,
was repealed 4-9-2008 by L.L. No. 12-2008.
