[HISTORY: Adopted by the Board of Trustees of the Village
of Potsdam 12-3-2018 by L.L. No. 5-2018. Amendments noted where applicable.]
This chapter may be known and cited as the "Junk Storage Law."
The Board of Trustees for the Village of Potsdam hereby declares
that a clean, wholesome and attractive environment is of vital importance
to the continued general welfare of its citizens and that the deposit,
accumulation or maintenance of junk material, regardless of quantity,
is hereby prohibited anywhere within sight of persons lawfully traveling
the public highways, streets or thoroughfares of the Village or within
sight of neighboring properties. The outdoor storage of junk on privately
owned property within the Village of Potsdam is detrimental to the
health, safety and general welfare of the community. Junk storage
constitutes an attractive nuisance to children and may imperil their
safety. The presence of junk is unsightly and tends to depreciate
the value not only of the property on which such junk is located but
also the property of other persons and/or entities within the neighborhood
thereof (and the community in general) unless such junk is properly
removed or screened from public view. Control of the outdoor storage
of junk on privately owned properties within the Village of Potsdam
is therefore regulated for the preservation of the health, safety
and general welfare of the community. By adoption of this chapter,
the Village of Potsdam declares its intent to preserve and promote
peace and good order, to preserve and promote the aesthetic beauty
of the community and hence the value of property therein and thus
preserve and promote the health, safety and general welfare of the
citizens of the Village of Potsdam.
The provisions of this chapter shall apply in addition to the
provisions of any other local law or ordinance adopted by the Village
of Potsdam. Where there is a conflict, the more restrictive provision
shall apply.
As used in this chapter, the following terms shall have the
meanings indicated:
Any fixture reasonably found in a bathroom, including, but
not limited to, toilets and toilet components, sinks and sink components,
vanities and vanity components, medicine cabinets, mirrors, bathtubs
and shower stalls.
The person(s) appointed by the governing board to enforce
the provisions of this chapter.
All putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including
containers in which packaged.
Worn out or discarded material of little or no value, including,
but not limited to, junk appliances, junk furniture, junk mobile home(s),
junk motor vehicle(s) and/or garbage and/or rubbish, clutter, litter
and debris.
Any household appliance, including, but not limited to, stoves,
washing machines, dryers, dishwashers, freezers, refrigerators, bathroom
fixtures, air conditioners, water heaters, or televisions, which are
stored outside of any residence or structure.
Abandoned, discarded, or irreparably damaged furniture, including,
but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs, drawer chests, drawers and lawn and patio furniture
which are stored outside of any residence or structure.
Any moveable or portable dwelling unit designed and constructed
to be towed on its own chassis, comprised of frame and wheels, connected
to utilities and designed and constructed without a permanent foundation
for year-round living (excluding travel trailers and recreational
vehicles) and which meets all of the following:
Any motor vehicle, or used parts or waste materials from
motor vehicles which, taken together, equal in bulk one or more such
vehicles, which is abandoned, wrecked, stored, discarded, dismantled
or partly dismantled.
The fact that such motor vehicle is not in condition to be removed
under its own power and the fact that such motor vehicle has remained
unused for six or more months shall be presumptive evidence that such
motor vehicle is a junk motor vehicle unless refuted by verifiable
and credible proof.
This definition of "junk motor vehicle" does not apply to any
unlicensed vehicle used by farm operations in a county-adopted and
state-certified agricultural district. Such provision shall supersede
any conflicting provision of this chapter.
Any and all vehicles propelled or drawn by power other than
muscular power originally intended for use on public highways, including,
but not limited to, automobile, bus, trailer, truck, tractor, motor
home, motorcycle and mini-bicycle. This term shall also include, but
is not limited to, all-terrain vehicles, snowmobiles, watercraft,
construction equipment and truck campers, camper trailers, campers,
travel trailers, pop-up trailers, tent trailers, and overnight trailers.
The placing, maintaining or keeping of junk, rubbish, clutter,
litter or debris in a place and in a manner such that it is visible
to the public and/or neighboring property/properties.
An individual, partnership, association, corporation or entity
of any other kind.
The unsightly deposit, accumulation, display and/or outdoor
storage of ordinary household, recreational and/or commercial items,
including, but not limited to, paper and paper products, barrels,
cartons, boxes, cardboard, cans, glass, metals, machinery, tools,
plastics, rubber, crates, furniture, rugs, clothing, rags, mattresses,
blankets, cigarettes, tires, life vests, boat fenders, rope lines,
helmets, vehicle covers, tools, animal feces, yard waste (including
but not limited to downed trees, tree limbs, leaves, grass and/or
weed piles, dead shrubbery and dead flowers), lumber, brick, stone,
cement, wire cables, pipe and other building materials and/or landscape
materials (including, but not limited to, dirt piles, mulch piles,
pavers and edging 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.
The deposit, accumulation, display and/or outdoor storage of
junk, junk appliances, junk furniture, junk mobile homes, junk motor
vehicles, garbage (collectively hereinafter ("junk"), regardless of
quantity, is hereby prohibited within sight of persons traveling the
public highways or within sight of neighboring property/properties
and/or business concerns. The provisions of this chapter shall also
be applicable to conditions existing at the time of enactment.
The provisions of § 125-5 (Prohibited acts) shall not apply to the storage or placement on the premises of the following material:
A.
Cut and/or chopped wood intended for consumption in a wood-burning
stove, furnace or fireplace located in a building on the property.
B.
Lawn, yard and/or garden implements.
C.
Lawn and patio furniture.
D.
Farm machinery upon property zoned for agricultural use.
E.
Operable garden and yard machinery and apparatus used on the premises.
F.
Standing fences.
G.
Hoses and sprinklers used for watering lawns and/or gardens.
H.
Storage or placement and accumulation of materials and/or vehicles
in connection with a commercial operation duly conducted on the premises
where such storage, placement and accumulation is expressly permitted
and/or licensed by the laws of the Village of Potsdam.
I.
Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued.
J.
Unlicensed vehicle(s) owned or registered to a member of the U.S.
Armed Forces while on deployment.
A.
Enforcement. This chapter may be enforced by the Village Code Enforcement
Officer, the Village police or by any individual duly appointed by
the Village Board. Said person(s) shall have the authority to enforce
the provisions of this chapter and to inspect premises within the
municipality as necessary for said enforcement. The enforcement officer
shall make periodic inspections of the municipality to ensure that
the requirements of this chapter are met.
B.
Complaints. Any person may file a complaint with the enforcement
officer that a violation of this chapter 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.
C.
Notice to comply. Whenever a violation of this Junk Storage Law is
found to exist within the Village of Potsdam, either the Village Code
Enforcement Officer, the Village police or other duly designated agent
of the Village shall give a written notice to comply to the owner
and/or occupant of such property where the violation of this chapter
is deemed to exist or to the person causing or maintaining the violation
of this chapter.
D.
Service of the notice to comply. The notice to comply shall be served
as any other legal process may be served pursuant to law or as follows:
by posting a copy of such violation notice upon the front portion
of the 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 rolls of the Village.
E.
Content of the notice to comply. The written notice to comply shall
contain the following information:
(1)
The name of the owner and/or occupant of the property to whom the
notice shall be addressed.
(2)
The location of the property involved in the violation of this chapter.
(3)
A statement of the facts which allege a violation of this chapter.
(4)
A demand that the junk be removed or placed so as to be in compliance
with this chapter within 30 days after the service or mailing of the
notice.
(5)
A statement that, upon a failure to comply with such demand within
30 days of the notice, either or both of the following may result:
(a)
A duly authorized employee or agent of the Village may enter
upon the property and remove or otherwise abate such violation with
the cost and expense of such removal or abatement to be charged to
the owner and/or occupant of the property and that the cost and expense
may be reduced to a judgment at the discretion of the Court and any
unpaid cost and expense may be assessed against the subject property
and added to the subsequent Village tax bill.
(b)
An appearance ticket shall be issued through the Village Police
Department or by the Village Code Enforcement Officer or both and,
upon a determination of violation of this chapter, a fine could be
ordered against the owner and/or occupant in addition to civil penalties
and injunctive relief.
(6)
A statement that the person receiving such notice to comply may request,
in writing, a hearing for the purpose of contesting such notice to
comply, provided said written request for a hearing is received by
the Village Clerk within 10 days after receipt of the notice to comply.
(7)
A copy of this chapter.
A.
A violation of the provisions of this chapter shall be punishable
by a minimum fine of $250 and maximum fine of $500 for each offense
and shall be levied by a court of competent jurisdiction. Each day
that a violation of this chapter is committed or continues to exist
shall constitute a separate offense.
B.
Following the public hearing set forth in this Junk Storage Law or
if no hearing is requested in conformity with this Junk Storage Law,
an appearance ticket may be issued through the Village Police Department
or by the Village Code Enforcement Officer, or both, to a court of
competent jurisdiction, and upon a determination of violation of this
Junk Storage Law, a fine shall be ordered against the owner and/or
occupant in addition to civil penalties and injunctive relief.
C.
In addition to the above-provided penalties, the Village may also
maintain an action in the name of the Village in any court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this chapter.
If a public hearing is requested, in writing, by the person charged with a violation of this chapter as provided in § 125-7E herein, a hearing shall be held by the Board of Trustees at the call of the Mayor, but in no case later than 30 days after receipt by the Village Clerk of the written request.
At the public hearing, the Board of Trustees shall take into
consideration such testimony and evidence as the property owner and/or
occupant may present by way of defense or explanation to the notice
to comply. The Board of Trustees shall also take into consideration
the testimony of the charging officer or agent of the Village as well
as the testimony and evidence of any persons affected by the violation
and the public generally. At the close of the public hearing, the
Trustees may, after deliberation, direct the removal or abatement
of junk as defined by this chapter by the offending property owner
and/or occupant within a specified time frame (failing which, an agent
or employee of the Village may be directed to enter upon the property
and effect the removal or abatement at the expense of the offending
property owner and/or occupant) or direct any other action, including
dismissal of the notice to comply, as the Board deems just and proper
in the circumstance. In rendering its decision, the Board of Trustees
shall take into consideration the rights of the affected neighbors
and the public to be free from the harmful effects of junk, as defined
in this chapter, as balanced against the utility to the offender.
When weighing these respective rights, the Board shall consider the
following:
A.
The amount or size of the junk.
B.
The physical composition of the junk.
C.
The proximity of the junk to neighboring property lines and public
view.
D.
The presence and quality of any screening between the junk and public
or private view.
E.
The presence and quality of any screening between the junk and the
offending property owner and/or occupant who caused it.
F.
The presence of a countervailing legitimate purpose or utility for
the junk.
G.
The presence or absence of malice or retaliatory motivation on the
part of the offender.
If any clause, sentence, paragraph, section or article of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or article thereof directly involved
in the controversy in which such judgment shall have been rendered.
This chapter shall become effective upon the date it is filed
in the Office of the New York Secretary of State.
