Where the Town Board finds that due to special circumstances of particular case, a waiver of certain requirements as stated in Article IV herein is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Town Board finds and records in its minutes that:
A. 
Granting the waiver would be in 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 should 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.
E. 
The waiver is subject to a public hearing.
A. 
The Enforcement Officer shall, upon request of the Town Board, make inspections of the premises of any junkyard for which application for a permit has been made, or any other existing junkyard within the Town, and shall report to the Town Board on the conditions of such junkyard.
B. 
The Enforcement Officer shall make periodic inspections of the Town to ensure that all existing junkyards have permits and that the requirements of this chapter are met. Any observed violations shall be reported to the Town Board.
C. 
The Enforcement Officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior to permit issuance or renewal.
D. 
If a person or property owner refuses inspection of a property by the Enforcement Officer, such refusal shall be deemed evidence that an unauthorized, illegal junkyard may exist on the property. The Town Justice may issue an appearance ticket to the person(s) refusing inspection.
The Enforcement Officer has the obligation to issue notification of violation(s) to any person(s) who are in violation of this chapter. If such person(s) in violation of this chapter have not provided corrective actions to mitigate the violations within 30 days of the notification of violations(s), an appearance ticket shall be issued by the Enforcement Officer.
The Town Board may revoke a junkyard permit upon reasonable cause should the applicant fail to comply with any provision of this chapter or the terms and conditions of any permit granted for this purpose. Before a permit may be revoked, a public hearing shall be held by the Town Board. Notice of the hearing shall be made in the official newspaper at least 10 days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least 10 days prior to the hearing. At the hearing, the Town Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the junkyard permit. Should the Town Board decide to revoke a permit, the reasons for such revocation shall be stated in the Town Board minutes. The permit holder shall be immediately notified of the revocation by certified mail. Upon revocation, all operations shall stop and the owner(s) shall have 60 days to remove the junk.
A. 
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to a fine as scheduled below:
(1) 
Not to exceed $250 per week for the first four-week period.
(2) 
Not to exceed $500 per week for the second four-week period.
(3) 
Not to exceed $1,000 per week for the next four-week period.
(4) 
And so on, with the weekly fine doubling every four weeks, until the violations have been corrected.
B. 
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this chapter.