The Town Board of the Town of Potsdam, pursuant to the authority
granted by Municipal Home Rule Law § 10, Subdivision 2,
and Town Law § 130, Subdivision 6, hereby enact as follows.
This article is adopted pursuant to the authority granted the
municipality in § 10 of the Municipal Home Rule Law and
in § 130, Subdivision 6, of the Town Law. This article shall
be known as "A local law regulating junk storage in the Town of Potsdam."
The Town Board of the Town of Potsdam hereby declares that a
clean, wholesome, and attractive environment is of vital importance
to the continued general health, safety and welfare of its citizens,
and that regulation of the deposit, accumulation, or maintenance of
junk regardless of quantity is hereby prohibited by means of the adoption
of minimum standards. By adoption of this article, the municipality
declares its intent to preserve and promote a reasonable quality of
environment and aesthetics and to prohibit actions and conduct that
tend to depreciate not only the property on which it is located but
also the property of other persons in the neighborhood and the community
generally.
The provisions of this chapter shall apply in addition to the
provisions of any other local law or ordinance adopted by the municipality.
Where there is a conflict the more restrictive provision shall apply.
As used in this article, the following terms shall have the
meanings indicated:
The person(s) appointed by the governing board to enforce
the provisions of law.
All putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including
container in which packaged.
Any household appliance, including but not limited to a stove,
washing machine, dryer, dishwasher, freezer refrigerator, air conditioner,
water heater, or television, which is stored outside of any residence
or structure.
Farm machinery or farming implements which are either abandoned,
wrecked, discarded, or dismantled (agricultural equipment requiring
extensive repair and of no value for parts for working equipment on
that farm).
Abandoned, discarded, or irreparably damaged furniture, including,
but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs, and chests of drawers.
Any enclosed dwelling built upon a chassis, motor vehicle,
or trailer used or designed to be used for either permanent or temporary
living or sleeping purposes, including motor homes, truck campers,
camping trailers, campers, travel trailers, pop-up trailers, tent
trailers and overnight trailers. To qualify as a junk mobile home,
the dwelling must meet two out of three of the following conditions
for six months or more:
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle
which is unlicensed or unregistered; or abandoned, wrecked, stored,
discarded, dismantled, or partly dismantled; or not in condition for
legal use upon the public highways. The fact that a motor vehicle
does not display a current motor vehicle registration or license plate
shall be presumptive evidence that such motor vehicle is not in condition
for legal use upon the highways. With respect to any motor vehicle
not required to be licensed or a motor vehicle not usually used on
public highways, the fact that such motor vehicle is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is a junk motor vehicle unless refuted by verifiable
and credible proof.
The areas of any real property used or intended to be used,
in an enclosed structure, for the placement, storage or deposit of
one or more of the following: junk appliances, junk furniture, junk
mobile homes, and junk motor vehicles.
An area of land with or without buildings, used for the outside
storage of used and discarded materials, appliances, waste matter,
house furnishings, machinery, junk vehicles as described above or
parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The outdoor storage
of two or more junk vehicles (excluding unregistered operative vehicles
used in conjunction with the operation of a farm), or the major parts
of two or more such vehicles, for a period of two months or longer,
shall also be deemed to make the lot a junkyard.
Storage other than in a completely enclosed structure, such
as a garage or barn.
A person, other than a lien holder, having possession or
title to a motor vehicle. The term includes a person entitled to the
use and possession of a motor vehicle subject to a security interest
in another person and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period of greater than 30 days.
An individual, partnership, association, corporation, any
entity under limited liability corporation law, trust, or entity of
any other kind.
Ordinary household or stored trash such as paper, barrels,
cartons, boxes, bags, discarded plastic storage materials, crates,
furniture, rugs, clothing, rags, 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
or implements, such as toilets, sinks, bathtubs, etc., no longer intended
or in condition for ordinary and customary use, including vehicles
and appliances, as defined herein.
The following conditions are declared to be and deemed to be
unlawful nuisances, and the maintenance of such nuisances is hereby
prohibited in the Town of Potsdam. It shall be unlawful for any owner
of real property within the Town whether individual, firm or corporation
lawfully occupying any real property within the Town to permit:
A.
It shall be unlawful for any person to store, deposit, place, maintain
or cause or permit to be stored deposited, placed or maintained outdoors,
any junk, clutter, litter and debris upon private property within
the municipality.
B.
The deposit, accumulation, or storage of junk, regardless of quantity,
is hereby prohibited within sight of persons traveling the public
highways or within sight of neighboring property. The provisions of
this article shall also be applicable to conditions existing at the
time of enactment.
C.
It shall be unlawful for any person to use a bus, uninhabited mobile
home, truck, truck trailer, horse trailer, semitrailer, tank truck,
or similar vehicles or units for the storage of junk on any premises.
Exceptions shall be made for the temporary use of such vehicles or
units for construction purposes for periods of less than 90 days,
or when actively used in connection with active farming or agricultural
operations.
A.
Section 194-16 shall not apply to the storage or placement on the premises of the following material:
(1)
Wood intended for consumption in a wood-burning stove, furnace or
fireplace located in a building on the premises.
(2)
Lawn or yard or garden ornaments and implements.
(3)
Lawn and patio furniture.
(4)
Operable farm, garden and yard machinery and apparatus used on the
premises.
(5)
Standing fences.
(6)
Hoses and sprinklers used for watering lawns or gardens.
(7)
Storage or placement and accumulation of materials in connection
with a commercial operation duly conducted on the premises where such
storage, placement and accumulation are expressly permitted by the
laws of the municipality.
(8)
Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued.
B.
The following conditions are hereby excluded:
(2)
Seasonal vehicles including but not limited to snowplows and race
cars or machinery during their off-season if kept in a location not
visible from any road, street or highway, when practicable.
(3)
An antique or classic motor vehicle or farm implement which is in
the process of being restored may be kept so long as inside a building,
covered, or stored outside of public view.
(a)
Antique motor vehicle or farm implement. A motor vehicle or
farm implement, but not a reproduction thereof, manufactured more
than 25 years prior to the current year, which has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturer's
specification.
(b)
Classic motor vehicle or farm implement. A motor vehicle or
farm implement, but not a reproduction thereof, manufactured more
than 10 years prior to the current year and which, because of discontinued
production and limited availability, is considered to be a model or
make of significant value to collectors or exhibitors.
(4)
Farm machinery where such machinery is actively used, including tractors
and unlicensed vehicles which are not driven on public roads. In the
off-season, farm machinery shall be stored in a reasonable compact
area away from any road, street or highway and concealed when practicable.
(5)
Farm machinery kept for parts shall be kept in a location not visible
from any road, street or highway, when practicable.
This article is enforced by the Code Enforcement Officer or
by any police officer of the municipality. Said persons shall have
the authority to enforce the provisions of this chapter and to inspect
premises within the municipality as necessary for said enforcement.
Any person may file a signed written complaint, or in person,
with the Code Enforcement Officer that a violation of this article
may have taken place. The Enforcement Officer shall properly record
and investigate any such complaint. The Enforcement Officer may also
investigate any alleged violation that he or she has reason to believe
has occurred or is occurring.
A.
Upon an alleged violation of § 194-15, Unlawful nuisances, and/or § 194-16, Prohibited acts, the Town of Potsdam Code Enforcement Officer shall issue a notice to comply directing the owner(s) to remedy the situation. The notice to comply shall afford a minimum of 10 days to rectify the situation or to submit an acceptable plan to rectify the situation.
B.
The written notice to comply shall contain the following information:
(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 violates this article.
(4)
A demand that the junk be removed or placed so as to be in compliance
with the law within a specified number of days after the service or
mailing of the notice.
(5)
A statement that a failure to comply with the demand may result in
prosecution.
(6)
A copy of the law.
In the event of noncompliance, the Code Enforcement Officer
shall undertake the following tiered procedure of enforcement:
A.
The Code Enforcement Officer shall, in the first instance of alleged
violation, issue an appearance ticket to the Town of Potsdam Court
pursuant to Criminal Procedure Law § 150.20, Subdivision
3, to any person causing a violation of this article, and shall cause
such person to appear before the Town Justice for determination of
the offense.
B.
On a subsequent offense and/or upon the failure of an owner, tenant
or occupant with notice to correct a violation of the Town of Potsdam,
the Code Enforcement Officer will refer the matter to the Town Board
of the Town of Potsdam for administrative action. The governing board
shall hold a public hearing to determine whether the violation constitutes
a public nuisance requiring abatement by the municipality. The public
hearing shall be held upon notice posted conspicuously on the subject
property. The notice shall also be sent to the last known address
of the property owner, as it appears on the current assessment records
of the municipality, by certified mail, return receipt requested,
or served on the owner by personal service. Posting and service of
such notice shall not be less than 15 calendar days, exclusive of
the date of service, prior to the date of the public hearing. The
notice shall:
(1)
Identify the premises as the same appears on the current assessment
role;
(2)
Contain a statement of the conditions on the property deemed upon
inspection to constitute a public nuisance;
(3)
Contain a demand that the condition or conditions constituting the
public nuisance be immediately removed from the premises before the
date of the hearing specified in the notice;
(4)
Contain a statement that a failure or refusal to comply within the
period specified may result in the Code Enforcement Officer or Constable
of the municipality entering upon the property and removing from the
premises the public nuisance pursuant to a court order or written
permission of the owner of the property; and
(5)
Contain a statement that the cost and expense of such removal shall
be the responsibility of the owner, tenant or occupant, and, without
limitation on the municipality's potential remedies to recoup
its expenses, such cost and expense shall be assessed against the
described property and shall constitute a lien thereon to be collected
as provided by law.
C.
The property owner shall be notified of such hearing a minimum of
10 days in advance by personal delivery or by certified mail, return
receipt requested, to the last known address of the property owner
shown on the last completed tax roll. The property owner shall have
the right to be present at such hearing to cross-examine witnesses,
to present witnesses or evidence on their own behalf and to be represented
by counsel.
D.
Where the governing board finds, based on substantial evidence in
the public hearing record, that the violation or violations amount
to a public nuisance requiring abatement by the municipality, the
governing board may cause the abatement or removal of the public nuisance.
E.
The abatement or removal may be performed by the municipality or
by its designee, or agent, including a private contractor lawfully
engaged and authorized by the municipality. The governing board shall
ascertain the cost of removal, legal expenses including reasonable
legal fees, court fees and expenses, and assess such expense against
the record owner of the property. The expense so assessed shall constitute
a lien in charge on 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/village/city charges.
The foregoing shall not be construed as a limitation on the municipality's
potential remedies to recover its costs.
F.
The removal of any nuisance by the municipality's agents shall
not operate to excuse such owner, tenant or occupant from properly
maintaining the premises as required by this article. Such owner,
tenant or occupant shall, in addition to the remedies provided herein,
be subject to any other penalties provided for by this article.
A.
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be punished by a fine of $250 or 15
days in jail, or both such fine and imprisonment. Each week that such
violation is carried on or continues shall constitute a separate violation.
B.
The imposition of any penalty for any offense committed against the
provisions of this article shall not affect the power of the Town
Board to require the abatement of the nuisances enumerated herein
within such a time as the Town Board shall fix, nor shall it prevent,
in the event of neglect or refusal by any person to comply with any
or all of the provisions of such an order to correct a violation of
this article, entry by the Town Board or its designees upon the premises
affected by such nuisances, the removal of such nuisances by the Town
or its agents and the assessment of all costs of such removal, including
reasonable attorney's fees, against the real property affected.
On notification by a property owner that a motor vehicle has
been abandoned on his/her property by other than the owner, the owner's
spouse, parents, children or entity in which the owner has an ownership
interest, the Code Enforcement Officer may follow the procedures established
in Vehicle and Traffic Law § 1224 to achieve the removal
of the abandoned vehicles.
