This chapter shall be known as the "Village
of New York Mills Junk Storage Law."
By adoption of this chapter the Village of New
York Mills declares its intent to regulate and control the storage
or keeping of junk, and to regulate junkyards whether operated for
commercial profit or otherwise. The Village Board hereby declares
that a clean, wholesome, and attractive environment is of vital importance
to the continued general welfare of its citizens, and that junk and
junkyards can constitute a hazard to property and persons and can
be a public nuisance. Such materials may be highly flammable and sometimes
explosive. Junk and particularly junked vehicles can constitute attractive
nuisances to children and certain adults. The presence of junk and
junkyards is unsightly and tends to detract from the value of surrounding
properties unless properly screened from view.
For the purpose of this chapter, the following
words and phrases shall have the meanings indicated:
ENFORCEMENT OFFICER
Any person appointed by the Village Board to represent them
in particular matters pertaining to this chapter.
JUNK
The outdoor storage or deposit of any of the following shall
constitute junk:
[Amended 6-10-2003 by L.L. No. 1-2003]
A.
One junk vehicle meeting the conditions of Subsection
B of the definition of "junk vehicles" for a period of 60 days or more.
B.
One or more junk mobile homes.
C.
One or more abandoned or inoperable appliances,
including but not limited to washers, dryers, dishwashers, stoves,
refrigerators, freezers and televisions.
D.
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.
E.
One or more motorized recreational vehicles
and/or yard and garden maintenance machines.
F.
Any combination of the above or parts of the
above.
JUNK MOBILE HOME
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the Building Codes of New York. This section includes but is not limited
to mobile homes, travel trailers and campers.
[Amended 6-10-2003 by L.L. No. 1-2003]
JUNK STORAGE AREA
The areas of any parcel of land or water used or intended
to be used for the placement, storage or deposit of junk.
JUNK VEHICLES
A.
An unregistered, old, secondhand motor vehicle,
no longer intended or in condition for legal use on the public highways,
or used parts or waste materials from motor vehicles which, taken
together, equal in bulk two or more such vehicles.
B.
A vehicle is considered junked when it meets
two of the following conditions:
[Amended 6-10-2003 by L.L. No. 1-2003]
(1)
It is unlicensed or unregistered.
(2)
It is abandoned, wrecked, stored, discarded,
dismantled, or partly dismantled.
(3)
It is not in any condition for legal use upon
the public highways.
(4)
It is in such condition as to cost more to repair
to operating condition, than its reasonable market value at the time
before such repair.
JUNKYARD
The outdoor storage or deposit of any of the following:
A.
Five or more junk motor vehicles.
B.
Two or more junk mobile homes.
C.
Five or more junk appliances.
D.
Five or more pieces of junk furniture.
E.
Any combination of the above that totals five
items.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
[Amended 6-10-2003 by L.L. No. 1-2003; 11-10-2015 by L.L. No. 3-2015]
A. No junk shall be located within the Village of New York Mills except
items with the Village of New York Mills heavy trash permits. Reference
New York Mills Heavy Trash Policy #121.4-A; copies available at the
Village Clerk's Office.
B. In the event the Zoning Officer or Code Enforcement Officer determines that there exists such trash or public nuisance as described in §
121-3 of the Village Code, the Code Enforcement Officer shall give written notice to the owner of such real property to remove the hazard or nuisance. Such notice shall be given by certified mail, return receipt requested, to the owner's last known address as it appears on the latest assessment roll of the Village of New York Mills. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land. Such notice shall direct that such hazard or nuisance be remedied within 10 days of the mailing of such notice.
C. Abatement by Village; lien. If, within said 10 days, the owner or
occupant should fail, refuse or neglect to abate the hazard or nuisance,
the Village of New York Mills may undertake to abate the same through
the use of its own personal facilities or equipment or the Village
of New York Mills may contract with an independent contractor or contractors
to do the work and cause the hazard or nuisance to be abated. In either
event, the costs incurred by the Village of New York Mills to accomplish
the abatement of the hazard or nuisance shall be assessed against
and be a lien upon the lot, tract or parcel of land where the hazard
or nuisance existed.
Where the Village Board finds that due to special circumstances of the particular case, a waiver of certain requirements as stated in §
121-5 herein is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Board finds, and records in its minutes that:
A. Granting the waiver would be keeping with the intent
and spirit of this chapter, and is in the best interests of the community.
B. There are special circumstances involved in the particular
case.
C. Denying the waiver would result in undue hardship
to the applicant, provided that such hardship has not been self-imposed.
D. The waiver is the minimum necessary to accomplish
the purpose.
The Village Board may revoke a junkyard permit
upon reasonable cause should the applicant fail to comply with any
provision of the chapter. Before a permit may be revoked, the Board
shall hold a public hearing. Notice of the hearing shall be made in
the official newspaper at least five days prior to the date thereof.
The permit holder shall be notified of the hearing by certified mail
at least five days prior to the hearing. At the hearing the Board
shall hear the permit holder and all other persons wishing to be heard
on the revocation of the junkyard permit. Should the Board decide
to revoke a permit, the reasons for such revocation shall be stated
in the Board minutes. The permit holder shall be immediately notified
of the revocation by certified mail postmarked within 72 hours of
decision.