[HISTORY: Adopted by the Town Board of the
Town of Wales 5-11-1993 by L.L. No. 1-1993. Amendments noted where
applicable.]
The purpose of this chapter is to regulate and
prohibit the use of lands within the Town of Wales as a dump or dumping
ground, to promote the health, safety, morals and general welfare
of the community, including the protection and preservation of the
property of the Town and its inhabitants, and to secure safety from
fire and other dangers and to license and regulate persons operating
public dumps within such Town and junk dealers.
It shall be unlawful for any person, firm or corporation to expose for sale or exchange or to give away or store upon any vacant land or within any temporary enclosure any used or secondhand articles or machinery, equipment, truck or automobile accessory or any secondhand machinery of any kind or description incapable of its intended use or to dump any garbage or waste materials upon any land within the Town without having first obtained a license to do so, duly issued by the Town Clerk with the approval of the Town Board. Licenses may be issued only for those areas designed by Chapter 200, Zoning.
No person shall, within the Town of Wales deposit, place, store or abandon on any real property or permit, cause or consent to be deposited, placed, stored or abandoned on real property owned or occupied as a tenant by such person a junk vehicle for a period of longer than 30 days after receipt by such person of the notice prescribed by § 120-20 unless such vehicle is completely enclosed in a garage or other similar structure. This section shall not apply to the storage, placement, deposit or abandonment of junk vehicles in junkyards, as defined in and duly operating in accordance with the provisions of this chapter and Chapter 200, Zoning, of the Code of the Town of Wales.
The storage of a single motor vehicle will be
permitted in accordance with the following conditions:
A.
All vehicles must be operative.
B.
The vehicles must be stored upon the subject premises
in an area which will have the least effect upon the subject premises
or adjoining properties.
C.
Vehicles must qualify under one of the following:
(1)
The vehicle is used exclusively for snow removal.
(2)
There is an approved and current vehicle inspection.
(3)
The vehicle is an acceptable use compatible with the
area. Such use must be approved by the Zoning Enforcement Officer.
Within six months of receipt of notice of intended use, the owner
shall demonstrate to the Zoning Enforcement Officer the actual, acceptable
and intended use of the motor vehicle.
No person shall, within the Town of Wales, deposit,
store, accumulate or abandon upon any real property, nor cause, consent
or permit to be deposited, stored, accumulated or abandoned upon any
real property owned or occupied as a tenant by such person, outside
of an enclosed structure or a securely covered garbage or trash container
any junk, rubbish, garbage, litter, refuse or waste matter or material
of any kind or parts and components of vehicles for a period longer
than five days after receipt by such person of the notice prescribed
by this chapter.
A.
The use of the term "person" throughout this chapter
shall be interpreted to include an individual, association, partnership
or corporation.
B.
AUTOMOTIVE JUNKYARD
JUNKYARD
TEMPORARY ENCLOSURE
VACANT LAND
As used in this chapter, the following terms shall
have the meanings indicated:
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
public highways are held, whether for the purpose of resale of used
parts therefrom, for the purpose of resale of used parts therefrom,
for the purpose of reclaiming for use some or all of the materials
therein, whether metal, glass, fabric or otherwise, for the purpose
of disposing of the same or for any other purpose; such term shall
include any place of storage or deposit for any such purposes of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more such vehicles; provided, however, that the
term "automotive junkyard" shall not be construed to mean an establishment
having facilities for processing iron, steel or nonferrous scrap an
whose principal product is scrap iron, steel or nonferrous scrap for
sale for remelting purposes only.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other metals or used or salvaged building materials or for the
dismantling, demolition or abandonment of automobiles or other vehicles
or machinery or parts thereof. If does not include pawnshops and establishments
for sale, purchase or storage of used furniture, household equipment
and clothing, emporiums or establishments for the sale, purchase or
storage of used motor vehicles or salvage machinery to be used for
the purpose for which it was originally manufactured.
Any structure or building in which there is installed no
means for adequate heat of the interior in cold weather, either in
whole or in part, or which has no roof or which has a roof and an
open side or sides or which has no covering of a permanent nature
for the openings in the same.
Land not actually occupied by buildings.
This chapter is not intended to apply to fruit
stands selling vegetables, flowers or farm products of any kind or
to stores generally exposing articles for sale in the open air on
their own property where the same are taken in at night into an enclosed
building or structure, nor to pawnshops or establishments for the
sale, purchase or storage of used furniture, antiques, household equipment
and clothing or for the processing of used, discarded or salvage materials
as part of any manufacturing operation, nor to any single sale of
used property at public auction, nor to any person, firm or corporation
holding a franchise to sell new automobiles, automobile trucks or
equipment who displays used motor vehicles, automobile trucks or machinery,
in running order and capable of reuse, on his own premises, nor to
dealers who in good faith have established or shall establish a business
of manufacturing or buying and selling or an agency for such business
for buying and selling new or used or unused motor vehicles who occasionally,
as an incident of such business, buy or receive in the course of trade
secondhand motor vehicles for sale. This chapter shall, however, include
and apply to all such dealers who wreck or junk such secondhand motor
vehicles.
A.
Every person, firm or corporation desiring to obtain
a license under this chapter shall file with the Town Clerk a written
application, properly subscribed, describing the character of the
business in which the applicant desires to engage, the kind of material
he desires to deal in and the proper designation by street or number
or other accurate description of the place where such business is
to be conducted, and shall include a sketch thereof, stating whether
or not the applicant is the owner or lessee of the premises to be
used or such other and further information as the Town Board may deem
appropriate.
B.
Proof of ownership or lease of premises. With every
application for a license, the applicant shall present evidence that
he is the owner of the premises upon which he proposes to operate
or he shall present a duplicate original of a valid lease of the premises
to be used by him and the consent of the lessor or lessors that the
premises described in the application shall be used for the purposes
for which the license is applied for. The transfer of title from an
owner or the termination of the lease or eviction from the premises,
for any reason, shall terminate the license.
C.
Attached to each such application shall be a consent
signed by each owner or lessee of the real property within the Town
of Wales within 1,000 feet of the boundary of the premises proposed
to be used for such purpose. Such consent shall state that such owners
and lessees have no objection to the use of such in the manner proposed
by the applicant.
D.
The Town Clerk shall submit such application to the
Town Board at its next regular meeting. The Town Board will then refer
such application to the Planning Board for its review and recommendations,
such said recommendations to be returned, in writing, to the Town
Board with 30 days after such referral. If the Planning Board does
not respond in 30 days, it is assumed that there is no recommendation.
E.
The Town Board shall then conduct a public hearing
requiring 10 days' written notice of the time and place of such meeting.
At such meeting, the applicant and all other interested parties shall
be heard.
F.
The Town Board shall then either grant or deny such
license, noting its actions in the minutes. In determining whether
an application shall be granted for a license, the Town Board shall
take into consideration the practical difficulties and the necessary
hardships in requiring compliance with this chapter. Such determination
shall be in the sole discretion of said Town Board.
The fee for such license required by this chapter
shall be as set forth from time to time by resolution of the Town
Board. A copy of such fees is on file with the Town Clerk at the time
such license is issued and shall become part of the general funds
of the Town of Wales. All licenses shall expire on December 31 of
each year.
A.
Each location shall be licensed separately.
B.
The license shall be displayed in a conspicuous manner
within the licensee's place of business for which it is issued.
C.
The license is nontransferable, and any person who
is a successor in interest must apply for a new license.
D.
The licensee is responsible for management of all
activities or business for which the license is granted. In the event
that no license has been issued, the landowner of record must be deemed
responsible for all activity and for any failure to comply with the
terms of this chapter.
E.
No business shall be conducted upon licensed premises
other than emergency service between the hours of 4:00 p.m. on Saturday
to 6:00 a.m. on Monday.
F.
Licensed premises shall be operated in a proper and
safe manner to minimize hazards. No suspended items will be left unattended
which would create such a hazard.
G.
No junk may be disposed of by burning.
This chapter shall apply to any vacant land
or temporary structure or the lawful occupancy or use thereof existing
at the time this chapter takes effect. Any such person, firm or corporation
so using such property shall be required to obtain a license hereunder.
If any person, firm or corporation or their
distributees, successors or assigns shall at any time discontinue
the business so conducted for a period of one year or more, such business
shall not be reestablished, nor shall such existing business be extended
beyond the boundary now occupied by it without full compliance with
this chapter and any other ordinance in effect at that time.
All licensed premises shall be a minimum of
10 acres.
The licensee must erect and maintain a living
fence of approved growth with a minimum height of six feet. The portion
of the premises upon which business activity is conducted must be
located a minimum of 75 feet distant from the closest edge of the
public right-of-way. Between the edge of the public right-of-way and
the premises described, the licensee must construct said living fence
with approved growth. Said fence shall consist of two rows of approved
growth, properly spaced to effectively obscure the activity of the
licensee. In addition to said frontal requirements, said applicant
shall provide a twenty-five-foot buffer zone on each side between
the property line and the closest point of business activity. Such
buffer zone shall commence at the side point of the front living fence
and shall continue on to the rear of the lot or to a distance of 200
feet, whichever is greater. A single row of approved growth shall
separate the buffer zone from the business activity. Those portions
of growth contained in the buffer zone in both the front and side
shall be properly maintained.
The access road from the public right-of-way
to the business activity shall be dust-free. At the point of the front
living fence, the right-of-way shall contain a gate made of solid
substance, properly maintained, six feet in height, which shall be
locked when the area is not supervised by the licensee or his employees.
Such entrance right-of-way from the pubic right-of-way shall have
a view of approaching traffic sufficiently clear as not to constitute
a traffic hazard upon entering or leaving the highway.
Not withstanding the foregoing, any premises
used for the purposes mentioned in this chapter, even if so used before
the effective date hereof or of any amendments hereto, shall at all
times be kept and maintained in a clean, wholesome, sanitary and orderly
condition.
A.
All licenses are subject to revocation by the Town
Board upon proper proof of noncompliance with this chapter. A public
hearing shall be afforded a licensee, who will have an opportunity
to present his case.
B.
In the event that the license has been convicted by
a court of proper jurisdiction of any violation of this chapter, the
conviction shall be prima facie evidence as a basis for such revocation.
In the event of such conviction, the Town Board shall review the license
to determine revocation. In the event that the license is revoked,
all activity permitted under this chapter shall immediately cease
and desist.
C.
Surrender of suspended or revoked licenses; failure
to comply. Any license suspended shall be deposited with the Town
Clerk during the period of suspension. The Town Clerk shall, upon
the surrender thereof to him, endorse thereon the date of suspension
and shall show the date it becomes effective or operative thereafter.
Any license revoked shall be surrendered to the Town Clerk. Neglect
or refusal to so deposit and surrender shall be deemed a violation
of this chapter. In the event that such deposit or surrender is not
made within 20 days after notice of suspension or revocation, the
Town Clerk shall make a complaint before a Town Justice against the
licensee for the violation.
Where practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter
are involved, the Town Board shall have the power of varying and modifying
the application of this chapter so that the spirit of this chapter
shall be observed public safety and welfare secured and substantial
justice done.
Any person, firm or corporation which violates
any provision of this chapter shall be guilty of an offense against
this chapter and shall be subject to a fine for the first week's continuation
of such violation, or any portion of that week, of not more than $250
or to imprisonment for not more than 15 days, or both. In addition
thereto, any person, firm or corporation which violates any of the
provisions of this chapter or which shall omit, neglect or refuse
to do any act required by this chapter shall, severally, for each
and every such violation, forfeit and pay a civil penalty not to exceed
$100 per day for each day of continued violation in excess of one
week. The imposition of penalties for any violation of this chapter
shall not excuse the violation or permit it to continue. The application
of the above penalty or penalties for any violation of this chapter
shall not preclude the closing of the junkyard and the enforced removal
of conditions prohibited by this chapter. The expenses of the Town
in enforcing the closure and removal of conditions prohibited by this
chapter. The expenses of the Town in enforcing the closure and removal
of materials from the premises, including legal fees, may be chargeable,
in addition to the aforesaid criminal and civil court of appropriate
jurisdiction.
A.
The notice referred to in § 120-3, when sent to the owner of the property, may advise the owner that if the junk vehicles or the litter or waste materials are not removed with said thirty-day (vehicles) or five-day (litter or waste material) period, as the case may be, the Town may proceed with the removal and disposition thereof and shall cause the costs of such removal and disposition to be charged against the premises. The notice may also advise the owner that he/she may be made personally liable for such costs in an action against him/her; collection thereof shall be by the Town.
[Amended 10-11-2011 by L.L. No. 4-2011]
B.
The notice, when it includes a provision pursuant to Subsection A, shall also advise the owner of the property that he shall be entitled to a hearing before the Town Board on any matter which he wishes to address relating to the existence of junk vehicles or litter or waste materials and the removal thereof if, before the expiration of the thirty-day of five-day period, as the case may be, he requests the same in a writing directed to the Town Building Zoning Officer. If a hearing is requested, it shall be held within 14 days of the date on which the request is received. At the hearing, the Town Board shall advise the owner of the amount of money which it is estimated will be expended by the Town for the removal of the junk vehicle or litter or waste materials and that he will be responsible for the payment of that amount or, in lieu thereof, that it will be assessed against his property and collect at the same time and in the same manner as property taxes which are levied against the property. At the conclusion of the hearing, the Town Board shall, by resolution, determine whether junk vehicles or litter or waste materials are situate on the property of the owner and whether removal thereof by the Town should proceed and the cost thereof be collected from the owner of the property or charged against the property.
C.
The owner shall have seven days from the date of the
hearing, or the date on which he receives a copy of the resolution
if a determination is not made on the date of the hearing, in which
to remove the junk vehicle(s) or the litter or waste materials. In
default thereof, the Town shall be entitled to go upon the property
and, utilizing either Town personnel or independent contractors, remove
and dispose of the same.
D.
The cost of the removal and disposition of the junk
vehicle(s) or the litter or waste may be collected from the owner
of the property in a civil action therefor by the Town. In addition
thereto or in lieu thereof, such costs may be assessed against the
property of the owner and collected in the same manner and at the
same time as Town property taxes.
