This chapter shall be known as the "Local Law Providing for Licensing and Regulating Junk and Junkyards" and shall constitute Chapter
270 of the Town of Busti Code.
As used in this chapter, the following terms shall have the
meanings indicated:
INOPERATIVE MOTOR VEHICLE
A used vehicle no longer intended or in condition for legal
use on a public highway. Lack of a current New York State inspection
sticker shall constitute prima facie evidence that such motor vehicle
is inoperative.
JUNK
Used iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old
bottles or glass; bones; wastepaper and other waste or discarded material
which might be prepared to be used again in the same or alternate
form; salvage materials, including old wood products, used machinery,
engines, machinery and parts, whether dismantled or not; and motor
vehicles including trailer and mobile homes no longer used as such,
whether for the purpose of resale or used parts or components 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; but "junk" shall
not include materials or objects held and used by a manufacturing
process.
JUNKYARD
Includes, but is not limited to include, an automobile or
vehicle salvage yard; an automobile or vehicle reduction yard; a motor
vehicle junkyard; an automobile or vehicle wrecking establishment;
an automobile or vehicle graveyard; a scrap metal processing yard
or facility; a vehicle dismantling yard or facility; a mechanical
disassembly yard or facility; or any premises, establishment, place
of business, or lot, lands or structure, covered or uncovered if outdoors,
whether in connection with another legitimate business or not, which
is used for the collecting, storing, keeping, buying, selling, exchanging,
dismantling, handling, compacting, baling, shredding, processing or
salvaging of junk or salvage. Storage of three or more inoperative
motor vehicles other than in a fully enclosed building shall constitute
a "junkyard."
JUNKYARD AREA
That portion of any piece of property used in the operation
of a junkyard.
MOTOR VEHICLE
All passenger automobiles, trucks, trailers, buses, motorcycles,
tractors, bulldozers, machinery and equipment, drawn by power other
than muscle power, originally intended for use on public highways,
racetracks, dirt roads, mines, airports, quarries, construction sites
or farms. Off-road farm equipment stored and used on farm premises
that is operable is exempt from this definition.
PERSON
Any individual, firm, association, partnership, corporation,
company or organization of any kind.
Application for license under this chapter shall be made in
writing to the Town Board and filed with the Town Clerk. The application
shall be signed by the property owner and junkyard operator, if an
individual; by all partners, if a partnership; by the president or
chief officer, if a corporation or other organization; and shall be
made upon forms provided by the Town Clerk. Such application shall
provide the following information or material:
A. The name, residence, address and telephone number of each individual
property owner and operator, partner or, if a corporation or other
organization, each officer and director.
B. The trade name and address and telephone number of the business on
behalf of which the application is made.
C. The exact address and location of the place where the business is
or is proposed to be carried on, plus a survey and proposed site plan
of the premises to be used, giving the precise location of all fencing,
buildings, water, sewer and gas mains or laterals, and the general
drainage pattern of the land. Such survey shall also show the precise
portion of the property that may be devoted to the operation of a
junkyard. In the event that additional premises are used for junk
storage and if such premises were not included in the previous application,
the applicant is required to file a supplementary application including
all of the information as herein required and in the same form and
subject to the same conditions as the original application. If such
supplementary application is duly approved, a supplementary license
will be issued.
D. The zoning classification in which each of the premises described in Subsection
C hereof is situated.
E. A statement as to whether each of said premises described in Subsection
C hereof complies in all respects with the Zoning and Building Codes of the Town of Busti.
F. A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
or any violation of Article 6 of the General Business Law of the State
of New York.
G. The location of all premises where said applicant stores junk, permanently
or temporarily, in the Town of Busti.
H. The name(s) and address(es) of the owner or owners of the real property
and the nature of the right under which the applicant possesses said
property.
I. Whether applicant has obtained a valid junk dealer's license
under Article 6 of the New York State General Business Law.
J. Whether the application is for a temporary or permanent license.
A hearing on the application shall be held by the Town Board
within the Town not less than four nor more than six weeks from the
date of the receipt of the application by the Town Board. Notice of
the hearing shall be given to the applicant by mail, postage prepaid,
to the address given in the application and shall be published once
in a newspaper having a circulation within the Town, which publication
shall be not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for a license to operate, establish or maintain the junkyard.
In considering such application, it shall be taken into account the
applicant's ability to comply with the fencing requirements or
other reasonable regulations concerning the proposed junkyard, any
record of convictions for any felony charge of larceny or receiving
of stolen goods, and to any other matter within the purpose of this
section. The Town Board may approve the application only upon the
determination that the applicant has complied with all zoning, fire
and building code and/or site plan requirements of the Town of Busti.
At the time and place for the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for certificate of approval for the location of the junkyard.
In passing upon the same, it shall take into account, after proof
of legal ownership or right to such use of property for the license
period by the applicant, the zoning district in which the property
is located, the nature and development of surrounding property, such
as the proximity of churches, public buildings or other places of
public gathering, and whether or not the proposed location can be
reasonably protected from affecting the public health and safety by
reason of offensive or unhealthy odors or smoke or of other causes.
At the hearing regarding the location of the junkyard, the Town
Board may also take into account the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens by considering whether or
not the proposed location can be reasonably protected from having
an unfavorable effect thereon. In this connection, the Town Board
may consider collectively the type of road serving the junkyard or
from which the junkyard may be seen, the natural or artificial barriers
protecting the junkyard from view, the proximity of the proposed access
routes thereto, as well as the reasonable availability of other suitable
sites for the junkyard.
After the hearing, the Town Board shall within two weeks make
a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail, postage prepaid,
to the address given on the application. If approved, the license,
including the certificate of approval of location, shall be forthwith
issued to remain in effect until December 31 of the year. Approval
shall be personal to the applicant at the specific location applied
for and not assignable. Licenses shall be renewed without hearing,
provided that all provisions of this chapter are complied with during
the license period, that the junkyard does not become a public nuisance
under the common law and that the applicant is not convicted of any
type of larceny or the receiving of stolen goods. The determination
of the Town Board may be reviewed under Article 78 of the Civil Practice
Law and Rules.
Such license, except a temporary license, shall be effective
from the date of its issuance until the 31st day of December of the
year of such issuance, upon which date such license shall expire.
An applicant for a renewal license shall file with the Town Clerk
a written application upon forms provided by such Town Clerk. Such
license, issued pursuant to this chapter, shall be plainly displayed
on the business premises.
For the purposes of this section of this chapter only, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license, but nothing herein contained shall constitute approval under Chapter
405, Zoning, which requires approval and compliance separate and apart from this chapter. Within 60 days from the date this chapter shall take effect, however, the owner shall furnish the Town Board the information as to location which is required in an application, and the governing board shall issue him, her or it a license valid for the remainder of the calendar year. A licensee may apply for one additional six-month period to come into compliance if considerable process toward compliance can be shown after a five-month period. Such license shall be renewed only upon satisfactory proof that all provisions of this chapter, including the fencing requirements have been fully complied with, except that the setback and boundary line dimension provisions may, in the discretion of the Town Board, be waived or modified based upon a finding that no neighboring property or the public at large is harmed or prejudiced by such waiver or modification.
[Added 9-17-2001 by L.L. No. 4-2001]
A. Whenever the Town Code Enforcement Officer shall declare that any
property shall be in violation of this chapter, he shall issue a notice
of violation to the owner, tenant or occupant in control of or in
possession of such property that specifies the provision of law being
violated, outlines the facts constituting such violation and the manner
in which it must be corrected, and sets the date by which the violation
must be corrected.
B. All written notices under this section shall be served on the owner,
tenant or occupant by posting a copy of such violation notice upon
the front portion of the affected property or upon the main structure
and by mailing a copy of such notice by ordinary mail to the owner
of the property as shown on the latest assessment roll of the Town.
[Added 9-17-2001 by L.L. No. 4-2001]
A. Upon the failure of an owner, tenant or occupant to comply with a
notice to correct a condition complained of, the Town Board may hold
a public hearing. The public hearing shall be held upon notice posted
conspicuously on the front portion of the affected property or upon
the main structure and forwarded to the last known address of the
property owner as shown on the latest assessment rolls of the Town,
by certified mail, return receipt requested. Posting and service of
such notice shall not be less than 15 days prior to the date of such
hearing.
B. The Town Board, after a public hearing as provided in Subsection
A, may cause any condition that exists in violation of this chapter to be removed from any property within the Town of Busti upon the failure of such owner, tenant or occupant to comply with any order of the Town Board. Said removal may be performed by the Superintendent of Highways or other designee, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
C. The removal of any condition in violation of this chapter by the
Town of Busti or its agents shall not operate to excuse such owner,
tenant or occupant from properly maintaining any premises as required
by this chapter, and such owner, tenant or occupant shall, notwithstanding
such action, be subject to any other penalties set forth herein.