[HISTORY: Adopted by the Board of Trustees of the Village of Boonville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk vehicles — See Ch. 366.
[Adopted 8-12-1968 (Ch. 58, Art. II, of the 1971 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All property owners within the Village of Boonville who own property abutting Village streets, county roads or state highways must keep the grass, hay or other vegetation cut to a height at or below 10 inches as to not obstruct the view of motorists using said Village/county or state streets, roads or highways; and further, said owner shall keep the vacant lot free from unsightly debris, such as logs, crates, boxes, papers and other materials, which may cause a fire and aid a fire to spread to adjoining property owners.
All property owners within the Village of Boonville must keep the height of grass at or below 10 inches to deter rodents from entering adjacent parcels.
If the Village of Boonville, through its Superintendent of Streets, uses its equipment to trim, cut or free a lot of debris above mentioned, or hires an outside company to do so, the charge for labor and equipment rental will be assessed to the property owner.
Any person violating any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $300 for each violation. In addition, each violation of this enactment shall constitute disorderly conduct, and each person violating the same shall be a disorderly person. Each day that a violation or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.
[Adopted 9-9-2002 by L.L. No. 1-2002]
This article shall be entitled "Prohibition of Clutter, Litter and Debris in the Village of Boonville, New York."
The words used in this article shall be defined as follows:
CLUTTER, LITTER AND DEBRIS
Ordinary household or store trash such as paper, barrels, cartons, boxes, crates, furniture, rugs, mattresses, blankets, 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, including junk vehicles, appliances, and mobile homes.
JUNK APPLIANCE
Any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment abandoned, junked, discarded or wholly or partially dismantled.
JUNK MOBILE HOME
Any enclosed dwelling built upon a chassis, motor vehicle or trailer used or designed to be used for either permanent or temporary living and/or sleeping purposes, including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers and overnight trailers, which is no longer suitable for human habitation.
JUNK VEHICLE
Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, mini-bicycle, or snowmobile or any other device originally intended for travel on the public highways, which meets all of the following conditions: it is unregistered; it is unable to pass inspection for a period of 12 or more consecutive months; and it is not in any condition for legal use upon the public highway. With respect to any motor vehicle not required to be licensed or motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk vehicle. If the vehicle is stored in an enclosed structure, then it shall not be deemed to be a junk vehicle.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
In order to preserve and promote reasonable quality of environment and aesthetics and to prohibit actions and conduct which offend the sensibilities and tend to debase the community and reduce real estate values, the deposit, accumulation, or maintenance of clutter, litter or debris, including junk appliances, mobile homes and vehicles, regardless of quantity, is hereby prohibited anywhere within sight of persons lawfully traveling the public highways. The provisions of this section shall be applicable to existing conditions.
B. 
There shall be an exception for trash cans or other items to be placed between the curb and sidewalk, but limited to one twenty-four-hour period per week. Otherwise, no personal property, including abandoned property, shall be placed between the curb and sidewalk.
C. 
A vehicle shall only be considered to be a junk vehicle if the property is located in an area that is zoned exclusively as residential.
D. 
There shall be an exception allowing for one junk vehicle per property. An application to store additional junk vehicles may be submitted to the Village Clerk with a fee of $25 per vehicle, and the application will be entertained by the Zoning Board for possible approval. If the application is granted, then a one-year permit shall be issued.
A. 
The Village of Boonville Zoning Board of Appeals shall constitute the Board of Appeals described herein.
B. 
Any person aggrieved by this article may appeal to the Zoning Board of Appeals for an interpretation or a variance from the provisions of this article.
C. 
Upon receipt of a notice of appeal, the Zoning Board of Appeals shall:
(1) 
Schedule a hearing within 30 days of receipt of the notice of appeal;
(2) 
Mail a copy of the notice of hearing to the appellant at least five days prior to the hearing date and publish a legal notice of the hearing date in the Village's official newspaper at least five days prior to the hearing; and
(3) 
Conduct a hearing to consider the notice of appeal pursuant to § 290-8D.
D. 
In making its determination on variances, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
(1) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;
(2) 
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than a variance;
(3) 
Whether the requested variance is substantial;
(4) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood; and
(5) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the variance.
E. 
The Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
F. 
All fees for appeals shall be as established by Village Board resolution.
A. 
The Village Board shall appoint an enforcement officer for this article at its annual meeting.
B. 
The enforcement officer shall inspect the property and file a written report of violations with the Village Clerk. The enforcement officer shall prepare a written notice and shall serve such notice upon the owner or occupant personally or by certified mail. The notice shall contain the following:
(1) 
The name of the owner or occupant to whom the notice shall be addressed;
(2) 
The location of the premises involved in the violation;
(3) 
A statement of the facts which it is alleged violate this article;
(4) 
A demand that the clutter, litter and debris be removed or placed so as to be in compliance with this article within 10 days of the service or mailing of the notice;
(5) 
A statement that a failure to comply with the demand may result in prosecution; and
(6) 
A copy of this article.
Upon application of the owner or occupant showing reasonable cause, the Village Board may grant an extension of up to 30 days for the owner or occupant to comply with the demands.
If, after the expiration of 10 days from the date of mailing the notice provided in § 290-9 above, or after the completion of any extension period allowed in § 290-10 above, the owner or occupant shall fail to comply with the requirements of this article, the enforcement officer or Village Board may institute enforcement procedures as follows:
A. 
Pursuant to Criminal Procedure Law § 150.20, Subdivision 3, the enforcement officer is hereby authorized to issue an appearance ticket to any person causing a violation of this article, and shall cause such person to appear before the Town Justice.
[Amended 11-30-2017 by L.L. No. 1-2017]
B. 
The Village Board is hereby authorized to remove such clutter, litter and debris from its location and dispose of same, and the expense thereof shall be charged to the property so affected by including such expense in the next annual tax levy against the property. Such removal may be done only following public notice and a public hearing, at which time all parties may be heard. Public notice of the hearing shall be made in a newspaper in general circulation in the Village at least five days prior to the hearing.
Any person who shall violate any of the provisions of this article shall be guilty of an offense and subject to a fine not more than $250 or by a penalty of $250 to be recovered by the Village in a civil action. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue. The Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this article.