This chapter shall be known and may be cited as the "Outdoor
Storage of Junk Law of the Village of Avon."
The purpose of this chapter is to provide for a clean, wholesome,
attractive environment, thereby safeguarding the inhabitants of this
Village of their material rights against unwarrantable invasions and,
in addition, such environment is deemed essential to the maintenance
and continued development of the economy of this Village and the general
welfare of its citizens. It is further declared that the unrestrained
accumulation of junk, such as, but not limited to, junk motor vehicles,
junk appliances, junk lawn mowers, junk motorized lawn equipment,
old parts, rubbish and debris upon privately owned property within
the Village constitutes a hazard to the health, safety and welfare
of the citizens of this Village necessitating the regulation, restraint
and elimination thereof.
As used in this chapter, unless the context or subject mater
otherwise requires, the following terms shall have the following meaning:
ANTIQUE AUTOMOBILE
Any motor vehicle which is more than 25 or more model years
old which can be economically restored to a value more than the cost
of restoration.
APPLIANCE
Any stove, refrigerator, washing machine, dryer, freezer,
television set, radio or other household device or equipment.
DEBRIS
An accumulation of any broken or destroyed material, rubble
or fragments having no economic value.
JUNK APPLIANCE
Any stove, refrigerator, washing machine, dryer, freezer,
television set, radio or other household device or equipment which
is either:
A.
At least eight model years old and which has been placed outside
for a period of least one month to be exposed to the elements; or
B.
Is in such a state of disrepair or appearance as to be unsightly.
JUNK LAWN MOWER
Any lawn mower which is either so damaged or so rusted or
in such a condition as to be unsightly.
JUNK MOTOR VEHICLE
Any motor vehicle which either:
A.
Is in such a state of disrepair or damage that it cannot be
readily or economically restored for the use on a public highway;
or
B.
Is over eight model years old and is so damaged or so rusted
or in such a condition as to be unsightly.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
RUBBISH
Household trash or store trash consisting of such things
as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags,
mattresses, blankets, rubber tires, lumber, stone, brick and other
building materials or any and all other tangible personal property
no longer intended or no longer in condition for ordinary use.
No person shall willfully place a junk motor vehicle, junk appliance,
junk lawn mower, junk motorized yard equipment, rubbish or debris
on premises which such person does not own without the permission
of the owner thereof.
This chapter shall not apply to any junkyard permitted under
other provisions of the Village of Avon Municipal Code.
A violation of any provision of this chapter is an offense and
any person committing an offense against any provision of this chapter
shall be guilty of a violation pursuant to the Penal Law, punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
thereunder.
[Added 11-10-1993 by L.L.
No. 8-1993]
A. Institution of proceeding. Whenever the Board of Trustees shall determine
that any junk motor vehicle, junk lawn mower, junk motorized lawn
equipment, debris, junk appliance or rubbish is being stored out of
doors in the Village of Avon in violation of this chapter, the Board
of Trustees may give notice to the owner or owners thereof, to be
served personally, that a hearing will be held not less than 10 days
after the service.
B. Contents of notice. The notice shall contain the following information:
(1) The date, time and place of public hearing before the Board of Trustees
within the Village of Avon.
(2) Factual allegations which are alleged to constitute a violation of
this chapter.
(3) The proposed work that the Village intends to perform or contract
to perform to bring the owner's premises in compliance with this chapter.
(4) An estimate of the total cost to perform such work together with
the estimated cost to reimburse the Village for the work and administering
and supervising the work.
C. Public hearing.
(1) At the time, date and place of hearing, the Board of Trustees shall
conduct the hearing and shall hear all interested persons.
(2) The Board of Trustees may adjourn the hearing at any time without
giving further notice, except to announce the time, date and place
of the adjourned hearing at the close of the scheduled hearing.
D. Determination by the Board of Trustees. As soon as practicable after
the public hearing, the Board of Trustees shall determine:
(1) Whether or not to perform the work necessary to bring the owner's
property in compliance with this chapter and the estimated cost thereof.
(2) If the work is to be performed, whether the Village shall perform
the work by contract or by Village employees, and the estimated cost
thereof.
(3) The owner or owners responsible for such work, and if more than one,
the proportionate share that each shall bear as may be just and equitable.
E. Filing with the Village Clerk. The determination of the Board of
Trustees shall be filed with the Village Clerk and a copy of the determination
shall be served either personally or by certified mail on the owner
or owners responsible for such work.
[Added 11-10-1993 by L.L.
No. 8-1993]
If the Board of Trustees shall determine that work shall be
performed by the Village of Avon, it shall cause same to be done either
by Village employees or by contract.
[Added 11-10-1993 by L.L.
No. 8-1993]
A. Upon the completion of the work, the Zoning Enforcement Officer shall report to the Board of Trustees listing all costs chargeable to the owner or owners thereof as specified in §
52-9B(4).
B. Action by Board of Trustees.
(1) Upon receipt of the report from the Zoning Enforcement Officer, the Board of Trustees shall cause a notice of a public hearing to be served in the same manner as provided in §
52-9A.
(2) Contents of notice. The notice shall contain the following information:
(a)
The time, date and place of the public hearing.
(b)
The amount to be assessed and levied against the premises where
the work was performed as contained in the report of the Zoning Enforcement
Officer.
(c)
The owner or owners' proportional share.
(3) Conduct of hearing. At the time, date and place of hearing, the Board of Trustees shall conduct the hearing and shall hear all interested persons. Adjournments may be made as provided in §
52-9C.
(4) Assessment and levy. Upon conclusion of the public hearing or as
soon thereafter as practicable, the Board of Trustees shall assess
the owner or owners of the premises where the work was performed.
It may notify and correct the same but no assessment shall be increased
without notice to the owner and the opportunity to be heard. The assessment
shall be filed in the office of the Village Clerk, and it shall publish
notice of such completion and filing in the official paper, and any
person deeming himself aggrieved thereby may, with 15 days after the
filing of the assessment, apply to a court of record for an order
of certiorari to review said assessments. The apportionment, the assessments
and the determination shall be deemed final and conclusive unless
such an application be made within such 15 days.
(5) Collection. All assessments levied against real property or herein
provided shall be collected pursuant to § 5-518 of the Village
Law.
C. In case the assessment together with Village tax remains unpaid after
the lapse of 30 days from the return of the treasurer, an action may
be maintained pursuant to § 1440 of the Real Property Tax
Law and enforcement proceedings may also be taken in accordance with
the provisions of § 990 of the Real Property Tax Law.