This chapter shall be known as the "Junk Storage Law."
The Town Board hereby declares that a clean, wholesome and attractive
environment is of vital importance to the continued general welfare of its
citizens, and that the deposit, accumulation or maintenance of junk, regardless
of quantity, is hereby prohibited anywhere within sight of persons lawfully
traveling the public highways or within sight of neighboring property. By
adoption of this chapter the Town 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 said junk
is located but also the property of other persons in the neighborhood and
the community generally.
As used in this chapter, the following words shall have the following
definitions:
GARBAGE
All putrescible animal and vegetable waste resulting from growing,
processing, marketing and preparation of food items, including containers
in which said items are packaged.
JUNK
Worn-out or discarded material of little or no value, including,
but not limited to, junk appliances, junk furniture, junk mobile homes, junk
motor vehicles, or garbage, rubbish and debris.
OUTDOOR STORAGE
The placing, maintaining, storing, depositing, or keeping of or causing
or permitting another person or entity to place, maintain, store, deposit
or keep garbage, junk, rubbish, clutter, litter or debris in a place other
than in a structure with a roof and that is fully enclosed on all sides.
RUBBISH, CLUTTER, LITTER and DEBRIS
Ordinary household or commercial trash such as paper and paper products,
barrels, cartons, boxes, cardboard, cans, glass, metals, machinery, plastics,
rubber, crates, furniture, rugs, clothing, rags, mattresses, blankets, cigarettes,
tires, lumber, brick, stone and other building materials no longer intended
or in condition for ordinary use, and any and all tangible personal property
no longer intended or in condition for ordinary and customary use.
This chapter shall not apply to the storage or placement on the premises
of the following materials:
A. Wood intended for consumption in a wood-burning stove,
furnace or fireplace located in a building on the premises.
B. Lawn or yard or garden ornaments and implements.
C. Lawn and patio furniture.
D. Operable farm, garden and yard machinery and apparatus
used on the premises.
F. Hoses and sprinklers used for watering lawns or gardens.
G. Storage or placement and accumulation of materials in
connection with a commercial operation duly conducted on the premises where
such storage, placement and accumulation is expressly permitted by the laws
of the municipality.
H. Construction materials and equipment used for the construction
or renovation of a building on the premises for which a building permit has
been issued.
This chapter shall be enforced by the Town of Geneva Code Enforcement
Officer. Said person 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 Town of Geneva Code Enforcement
Officer that a violation of this chapter may have taken place. The Town of
Geneva Code Enforcement Officer shall properly record and investigate any
such complaint. The Town of Geneva Code Enforcement Officer may also investigate
any alleged violation that he or she has reason to believe has occurred or
is occurring.
If the Town of Geneva Code Enforcement Officer finds that a violation
of this chapter has occurred, he or she shall mail or personally serve a written
notice to comply on the owner or occupant of the violating property, which
said notice to comply shall contain the following information:
A. The name of the owner or occupant to whom the notice
shall be addressed.
B. The location of the premises involved in the violation.
C. A statement of the facts which are alleged to violate
this chapter.
D. A demand that the garbage, junk, clutter, litter or debris
be removed or placed so as to be in compliance with this chapter within a
specified number of days after the service or mailing of the notice.
E. A statement that a failure to comply with the demand
may result in prosecution and/or abatement by the Town, as permitted by this
chapter.
Any person who is found guilty of violating this chapter shall be subject to penalties as provided in Chapter
1, General Provisions, Article
III.