A clean, wholesome, attractive environment is declared to be
of importance to the health, safety and welfare of the inhabitants
of the Town of Shandaken. In addition, such an environment is deemed
essential to the maintenance and continued development of the economy
of the Town and the general welfare of its citizens. The unrestrained
accumulation of debris on private property is a hazard to such health,
safety, and welfare of the citizens of the Town, necessitating the
regulation, restraint and removal thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
DEBRIS
The remnants, remains, ruins and parts of all materials resulting
from breaking down, demolition of or destruction of buildings, structures
or the parts thereof intentionally or accidentally by any individual(s)
entity or by natural forces and/or natural elements. Debris shall
include but not be limited to metals, furniture, glass, plaster, crockery,
mineral waste, sheet rock, roofing materials, siding, pipes, conduits,
wire and other demolition and building materials.
It shall be unlawful and a violation of this chapter for the
owner or occupant of any real property located within the Town of
Shandaken to allow the accumulation of 15 or more cubic yards of debris
on such property for more than 60 days.
If the Zoning Enforcement Officer of the Town of Shandaken determines
that a violation of this chapter exists, the Zoning Enforcement Officer
shall serve a written notice of violation on the property owner and/or
occupant either personally or by certified and regular mail to the
last known address of the property owner. In the event that the violation
is not cured within 30 days of the date of said notice, the Zoning
Enforcement Officer shall promptly serve an appearance ticket on said
property owner and/or occupant for violation of this chapter, directing
the owner and/or occupant to appear before the Town Justice for violation
of this chapter.
Upon conviction of a violation of this chapter, the violator
shall be subject to a fine of not more than $250 per day that the
violation existed or a sentence of not more than 15 days in jail for
each day the violation existed, or both. Each day that the violation
is found to have existed shall be deemed to be a separate and distinct
offense.
This chapter shall become effective upon filing same with the
Secretary of State.