[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 12-18-1986 by L.L. No.
10-1986. Amendments noted where applicable.]
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:
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.
Any stove, refrigerator, washing machine, dryer, freezer,
television set, radio or other household device or equipment.
An accumulation of any broken or destroyed material, rubble
or fragments having no economic value.
Any stove, refrigerator, washing machine, dryer, freezer,
television set, radio or other household device or equipment which
is either:
Any lawn mower which is either so damaged or so rusted or
in such a condition as to be unsightly.
Any motor vehicle which either:
Any motorized yard equipment which is either so damaged or
so rusted or in such a condition as to be unsightly.
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
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.
A.
No person shall cause or permit the outdoor storage of any junk motor
vehicle, junk appliance, junk lawn mower, junk motorized yard equipment,
rubbish or debris on property owned by such person.
B.
No person shall store any appliance in the front or side porch visible
to the public from any public street for a period of more than two
weeks.
C.
No person shall store an unrestored antique automobile out of doors,
except in a location not in the front or side yard of any premises
and not visible to the public from any public street.
A.
The Zoning Enforcement Officer of the Village of Avon or any other
agency or official authorized from time to time by the Village Board
of Trustees by resolution shall inspect property and file a written
report of violations by owners with the Village Clerk. The Village
Clerk shall prepare a written notice and shall cause the same to be
served upon the owner personally or by certified mail. The notice
shall contain the following:
(1)
The name of the owner 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 chapter.
(4)
A demand that the junk motor vehicle, junk appliance, junk lawn mower,
junk motorized yard equipment, rubbish or debris be removed from the
premises within 10 days after service or mailing of this notice.
(5)
A statement that a failure to comply with the demand may result in
prosecution and a public hearing before the Board of Trustees to determine
whether the Village shall remove or contract to remove debris, junk
appliances, junk motor vehicles, junk motorized yard equipment or
rubbish from the premises of the owner.
[Amended 11-10-1993 by L.L. No. 8-1993]
(6)
A copy of this chapter.
B.
Upon failure of the owner to comply with the demand, the Chief of
Police of the Village of Avon shall cause a further notice to be served
upon such owner demanding the removal of the junk motor vehicle, junk
appliance, junk lawn mower, junk motorized yard equipment, rubbish
or debris from the premises, which are alleged to violate this chapter,
within 30 days after the personal service upon or the mailing by certified
mail to said owner, with notice that the owner will be prosecuted
for failure to comply and a public hearing may be held before the
Board of Trustees to determine whether the Village shall remove or
contract to remove debris, junk appliance, junk motor vehicle, junk
motorized yard equipment or rubbish from the premises of the owner
and assess the costs thereof to the owner.
[Amended 11-10-1993 by L.L. No. 8-1993]
C.
Upon application of the alleged owner showing reasonable cause, the
Board of Trustees may grant an extension of up to 90 days for the
owner to comply with the demands.
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.[1]
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:
(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.
