[HISTORY: Adopted by the Town Board of the Town of LeRay as indicated in article histories. Amendments noted where applicable.]
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:
- CLUTTER, LITTER, AND DEBRIS
- 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.
- ENFORCEMENT OFFICER
- The person(s) appointed by the governing board to enforce the provisions of law.
- JUNK APPLIANCE
- 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.
- JUNK FARM MACHINERY AND IMPLEMENTS
- 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).
- JUNK FURNITURE
- Abandoned, discarded, or irreparably damaged furniture including, but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs, and chests of drawers.
- JUNK MOBILE HOME
- 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:
- JUNK MOTOR VEHICLE
- 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.
- JUNK STORAGE AREA
- 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.
- OUTDOOR STORAGE
- Storage other than in a completely enclosed structure, such as a garage or barn.
- OWNER OF MOTOR VEHICLE
- 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:
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.
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.
Section 102-8 shall not apply to the storage or placement on the premises of the following material:
Wood intended for consumption in a woodburning stove, furnace or fireplace located in a building on the premises.
Lawn or yard or garden ornaments and implements.
Lawn and patio furniture.
Operable farm, garden and yard machinery and apparatus used on the premises.
Hoses and sprinklers used for watering lawns or gardens.
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.
Construction materials and equipment used for the construction or renovation of a building on the premises for which a building permit has been issued.
The following conditions are hereby excluded:
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.
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.
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.
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.
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.
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.
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.
The written notice to comply shall contain the following information:
The name of the owner or occupant to whom the notice shall be addressed.
The location of the premises involved in the violation.
A statement of the facts which it is alleged violates this article.
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.
A statement that a failure to comply with the demand may result in prosecution.
A copy of the law.
In the event of noncompliance, the Code Enforcement Officer shall undertake the following tiered procedure of enforcement:
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.
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:
Identify the premises as the same appears on the current assessment role;
Contain a statement of the conditions on the property deemed upon inspection to constitute a public nuisance;
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;
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
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.
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.
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.
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.
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.
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.