[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Editor's Note: This local law also superseded former Ch. 79, Junkyards, adopted 6-22-1970 as Ch. 15 of the 1970 Code, as amended.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.
[1]
Editor's Note: Ch. 15 of the 1970 Code was renumbered as Ch 79 in 2004. See Ch. 1, Art. II.
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
An individual designated by the Village to represent them in particular matters pertaining to this law.
JUNK
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.
JUNKED VEHICLES
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.
JUNKYARD
A licensed location for the placement and storage of junk.
OUTDOOR STORAGE
The placement of goods in the open air, not covered by a building consisting of four walls and a roof.
SCRAP PROCESSING FACILITY
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.