Town of Lansing, NY Article VII Administration and Enforcement

§ 158-34 Waivers.

Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements of this chapter are 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 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 degree of variation from the requirements of this chapter as is necessary to accomplish the purpose(s) of remediating such hardship(s).

§ 158-35 Enforcement Officer.

The Enforcement Officer shall, upon request of the Town Board, make inspections of the premises for which application for a junkyard permit has been made, and may inspect any other existing junkyard or outdoor storage area within the Town to ensure compliance with this chapter and the Property Maintenance Code. It shall be the responsibility of the applicant and any junkyard operator to arrange for all required inspections of the premises prior to the issuance or renewal of any junkyard permit. Despite having the authority to so inspect any lands within the Town, the Enforcement Officer shall not enter private property without the consent of the owner or such owner's agent, tenant, or other authorized person, without a court order or administrative warrant permitting such entry or inspection.

§ 158-36 Revocation of permit.

The Town may revoke a junkyard permit upon reasonable cause should the applicant fail to comply with any provisions of this chapter. Before a junkyard permit may be revoked, a public hearing shall be held by the Town Board. Notice of the hearing shall be made in the Town's official newspaper at least five days prior to the date thereof, and the junkyard permit holder and junkyard operator shall be notified of the hearing by personal service at least 20 days prior to the hearing. At the hearing the Board shall hear the permit holder and all other person wishing to be heard, and a determination upon whether to revoke the junkyard permit shall be made by the Town Board within 45 days of the close of such public hearing. If the Town Board decides to revoke the junkyard permit, the reasons for such revocation shall be stated in the Town Board's minutes. The junkyard permit holder and junkyard operator shall be promptly notified of the decision of the Town Board by certified mail.

§ 158-37 Penalties for offenses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.

B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action.

C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be:

(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days; or

(2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action.

D. Each week that any noncompliance or violation continues is and may be charged as a separate violation.

E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.

F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief.

(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action:

(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and

(b) The Town shall not be required to post any bond or undertaking; and

(c) The Town need not prove that:

[1] There is or will likely be irreparable harm; or

[2] That the Town has no adequate remedy at law.

(2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.