[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-2022 by L.L. No. 4-2022]
As used in this article, the following terms shall have the meanings indicated:
TEMPORARY STORAGE CONTAINER
Any portable container, receptacle or device of a type commonly used for the temporary storage of personal property, and specifically including those storage facilities generally referred to as a "portable on demand storage unit" (PODS®).
Temporary storage containers may be used by homeowners and contractors within the Village of Kinderhook after issuance of a permit. This permit must be displayed in a conspicuous place on the temporary storage container at all times.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Before a temporary storage container can be located and utilized by a resident in the Village, a permit is required to be obtained from the Code Enforcement Officer. The permit application shall be signed by the homeowner or the owner of the property where the container or portable on demand storage unit is to be placed.
B. 
A permit shall be valid for a period of 30 days and may be renewed one time, but in no case may a permit be in effect for longer than a total of 60 consecutive days. A maximum of one permit per parcel is permitted in any one consecutive twelve-month period.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following requirements shall apply to the placement and use of temporary storage containers:
A. 
All portable storage containers shall be securely closed when not in use. No materials, property or goods shall be stored outside of a container during the hours between sunset of one day and sunrise of the next day, except if the container is being used in conjunction with construction, and in such case only construction materials may be left outside of the container.
B. 
Only one temporary storage container shall be located on any one property at any given time.
C. 
A temporary storage container shall be limited to a maximum size of 16 feet length by eight feet height by eight feet width or smaller.
D. 
A temporary storage container shall be placed where approved by the Code Enforcement Officer, but in no case shall it be located in any portion of the front yard. If approved to be placed upon a driveway, a temporary storage container must be placed at the farthest practicably accessible point from the street. In no case shall a temporary storage container be placed less than 10 feet from any property line.
E. 
Temporary storage containers are prohibited from being placed in or on public or private roadways or rights-of-way.
F. 
Temporary storage containers shall not be located in a manner that blocks the flows or obstructs the vision or sight of vehicles and pedestrians traveling on public or private roadways, sidewalks or parking lots.
G. 
The applicant, as well as the supplier, shall be responsible for ensuring that the temporary storage container is installed and maintained in a good and safe condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, or in any way which might create a hazard to the general public or any unsightly condition on the property.
H. 
A temporary storage container shall be conspicuously marked with the name and address of the supplier and have affixed thereon a copy of the written permit authorizing the placement of the temporary storage container on the property.
I. 
No temporary storage container shall be used for habitable purposes or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for use other than at the property where the temporary storage container is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the applicant, the Village may inspect the contents of any temporary storage container at any reasonable time to ensure that is not being used for any prohibited purpose.
A. 
It shall be unlawful for any person, firm or corporation to place, put, position or situate a temporary storage container in violation of any provision of this article or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer, or to use any temporary storage container in a manner not permitted by a valid permit.
B. 
Any person who shall knowingly violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Department made thereunder shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of $250. Each day during which there is a failure to comply with the provisions of this article or of any order issued by the Building Department shall constitute a separate offense.
C. 
Upon noncompliance with any of the provisions of this article, the permit can be revoked and the temporary storage container removed. Upon permit revocation, permit expiration or failure to obtain a permit, a temporary storage container shall be deemed to be an illegal structure and may be removed by the Village upon 10 days written notice to the property owner and the costs and expenses thereof shall be certified to the Village Board, which shall assess such costs and expenses against the property on which the temporary storage container was located, to be collected and enforced in the same manner as real property taxes.