As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Farm machinery or equipment which is mechanically inoperable
due to age, deterioration or damage and has no economic value except
for salvage or junk.
A motor vehicle which is mechanically inoperable due to age,
deterioration or damage and has no economic value except for salvage
or junk.
Any item, thing or object which is no longer suitable for
use as it was originally manufactured or designed and which has no
practical economic value except for salvage or junk.
All cardboard, plastic, used metal or glass food containers,
wastepaper, rags, wood, plastic, rubber, leather or metal objects
that are broken or unusable for any practical economic purpose and
similar waste materials which may accumulate from any household, farm,
commercial or industrial operation.
[Amended 5-6-2010 by L.L. No. 3-2010]
The Town Board may, by resolution, authorize
the Code Enforcement Officer and/or Building Inspector to serve notice
upon the owner, executor, administrator, agent or any person having
a vested or contingent interest in such property, directing them to
remove abandoned equipment and rubbish from its premises.
[Amended 5-6-2010 by L.L. No. 3-2010]
A.
Such notice shall be served by mailing such owner, executor, administrator,
agent, or any person having a vested or contingent interest in such
property, as shown by the records of the Assessor of the Town of Walworth,
by regular and certified mail, return receipt requested, a copy of
such notice directed to his or her last known address as shown on
the above records.
B.
Such notice shall specify the place, manner and time (not less than
five days nor more than 21 days from the sending of such notice) within
which such work shall be completed.
C.
A copy of the notice served as provided herein shall be filed in
the office of the County Clerk of the County of Wayne.
D.
In the event of refusal or neglect of the person or persons so notified
to comply with said order of the Code Enforcement Officer and/or Building
Inspector, such person or persons shall be notified, by regular and
certified mail, return receipt requested, of a date, time and place
for a hearing before the Town Board, which shall be scheduled not
less than 10 business days from the date of service of the notice
for the hearing.
E.
After the hearing, the Town Board shall provide for the remedy of
the violation, either by Town employees or by contract. Except in
an emergency, any contract for remedy of the violation in excess of
$5,000 shall be awarded through competitive bidding.
F.
Where it reasonably appears that there is present a clear and imminent
danger to the life, safety or health of any person or property due
to the violation, the Supervisor may authorize the Code Enforcement
Officer or Building Inspector to immediately cause the remedy of said
violation.
G.
All costs and expenses incurred by the Town in connection with the
proceedings to remedy the violation shall be assessed against the
property which such violation is located and shall be levied and collected
in the same manner as provided in Article 15 of Town Law for the levy
and collection of a special ad valorem levy.[1]
[1]
Editor's Note: Former Art. IV, Penalties, which consisted
of § 128-10, Penalties for offenses, as amended, was repealed
5-6-2010 by L.L. No. 3-2010.
