[HISTORY: Adopted by the Board of Trustees of the Village
of Owego 2-5-2024 by L.L. No. 1-2024. Amendments noted where applicable.]
It is the intention of the Village Board of the Village of Owego
to maintain a clean, wholesome and attractive community and to guard
against the creation of nuisances and conditions which may endanger
the health, safety and welfare of Village residents, spread disease,
create fire hazards, reduce the value of property, interfere with
the use and enjoyment of adjoining properties, and interfere with
the comfort and well-being of the public.
Unless defined below, words and phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application. As
used herein, the following terms shall have the meanings indicated:
Any parcel, lot or tract of land in the Village of Owego.
Any portable weather-resistant container, receptacle, or
device of a type commonly used for the temporary storage of personal
property, household goods, wares or other materials, designed to be
used without a permanent foundation and located outside of an enclosed
building which complies with all building codes and land use regulations.
The term shall include, but not be limited to, trailers, shipping
containers, portable on-demand storage units (PODS), and store-and-move
units (SAMs). Such containers shall not be considered accessory structures.
Such containers shall not be designed for occupancy. The term "container"
shall not be construed to include roll-off containers, dumpsters,
and travel trailers or campers, or containers having a capacity of
less than 150 cubic feet.
A.
No container shall be kept or maintained in the Central Business
District, any residential zone or on residentially utilized property
without a current written permit from the Village Code Enforcement
Officer.
B.
Only one container may be placed on a property at any one time.
C.
Containers may only be placed in a driveway or parking area with
an impervious surface, and it will be placed at the furthest accessible
point from the street or, if access exists at the side or rear of
the property, in the side or rear yard.
D.
No container shall have a capacity of greater than 1,088 cubic feet,
nor dimensions greater than 16 feet in length, eight feet in width,
and 8 1/2 feet in height.
E.
One sign, no larger than six square feet, may be displayed on a container,
except that the signs and marks that are pre-printed on or required
by the owner of the container identifying ownership of the container
are otherwise allowed.
F.
No container shall be located closer than five feet to any side or
rear lot line, or closer than 15 feet of any structure on a neighboring
parcel owned by a person other than the owner of the property on which
the container will be placed. Containers shall also be placed to comply
with the front yard setback for that zoning district.
A.
Every person, firm, corporation or legal entity who wishes to place
a container in the Central Business District or any residential zone
or on residentially utilized property is required to obtain a permit
therefor from the Code Enforcement Officer. Obtaining said permit
shall be the responsibility of the person, firm, corporation or legal
entity that owns or occupies the property on which the container is
to be placed. The application for such permit shall be made on forms
provided by the Code Enforcement Officer. Each application shall state:
(1)
The name, address and phone number of the applicant, and of the owner
of the property on which the container will be placed, if not the
applicant;
(2)
If the applicant is an agent, the name, address and phone number
of the person, firm, corporation or legal entity that applicant represents;
(3)
The property within the Village where the applicant wishes to place
a container;
(4)
A detailed description of each container applied for, including each
container's height, width, cubic footage and length;
(5)
The location of each container, including a drawing or map of the
property showing the location of nearby buildings, driveways, sidewalks,
streets, alleys and other public ways;
(6)
The period of time each container shall remain in place;
(7)
Any other information as may be required by the Code Enforcement
Officer and adequately review the application.
B.
Each application shall be accompanied by the required permit fee.
C.
The Code Enforcement Officer shall have the authority to reject any
incomplete application, any application that conflicts with the legislative
intent of this chapter, or any application that presents, in his/her
judgment, a dangerous or hazardous condition or situation to any person
or persons. In rejecting any such application, the Code Enforcement
Officer shall state the reasons for the rejection.
D.
No permit shall be approved if two permits have been granted for
the same property within the last 365 days.
E.
No permit shall be issued authorizing placement of a container for
a period greater than 60 days.
The following fees shall be required for permits issued under
this chapter:
|
Containers Placed
(Number of days)
|
Fee
|
|---|---|
|
1 to 7 days
|
$50
|
|
8 to 30 days
|
$100
|
|
31 to 60 days
|
$200
|
|
Surcharge for any container placed on public property
|
Double the applicable fee
|
A.
Upon a finding that all requirements under this chapter have been
met, the Code Enforcement Officer may issue a permit to the applicant.
The Code Enforcement Officer shall have the authority to impose reasonable
conditions upon the placement, duration of placement, and/or use of
any container.
B.
Each permit shall contain a statement that the applicant/owner authorizes
Village employees/agents to enter upon the property where the container
is or is to be placed to inspect the same and to remove the container
without notice to the applicant/owner in an event of public emergency.
The prohibitions contained herein shall not apply when:
A.
The container is placed by an agency of federal, state or local government;
B.
The container is placed on private property during the specific period
of time that a valid building or demolition permit remains in force
for construction or demolition, and the container is used solely for
the containment and disposal of materials resulting from such construction
or demolition.
A.
No container shall be placed in any public street, sidewalk, highway,
public place, or public way, or on property owned by the Village of
Owego without the written approval of the Director of Public Works.
The Director of Public Works shall have authority to impose such restrictions
and conditions on such placement as will, in the Director of Public
Works' judgment, reasonably protect the public street, highway,
sidewalk, public place, public way, or property and will not be unduly
disruptive of the use of the public property for its ordinary and
customary usage.
B.
Any container placed, located or maintained on any public street,
sidewalk, highway, public place, or public way, or on property of
the Village without the written approval of the Director of Public
Works or outside of a period of time approved for such placement shall
be deemed abandoned and a hazard to the general public. The Director
of Public Works is authorized to cause impoundment of such container
without prior notice to the applicant/owner or occupier of the property
and/or the owner of the container. Such applicants/owners and/or occupiers
shall be jointly and severally liable to the Village for the costs
of moving and impounding each unit and a storage fee of $45 per unit
for each day or part thereof the unit(s) is stored by the Village,
together with any and all costs of disposal of the container and/or
the contents thereof. The Director of Public Works shall provide to
the applicant/owner and occupier of the property as soon as reasonably
practicable a notice of the impoundment, the costs for moving, and
the daily storage fee, along with their right to contest such impoundment
by requesting an administrative hearing in writing within 10 days
of the date of the notice. The request for a hearing must be directed
to the Village Mayor, who shall either conduct such hearing directly,
or appoint a hearing officer to make a recommendation to the Village
Mayor. Said hearing shall be conducted informally, and any hearing
officer may be another employee or elected official of the Village.
In the event that the applicant/owner and/or occupier of the property
does not request a hearing, or if, after such hearing, the Village
Mayor determines that such impoundment was done in accordance with
law, then the Director of Public Works shall have the authority to
discard, destroy or sell the container and/or its contents at public
auction.
A.
Containers already placed are subject to the provisions of this chapter.
It shall be the obligation of the owner of the property and of the
container to conform to the requirements set forth herein within 60
days of adoption of this local law.
B.
It shall be the obligation of the applicant/owner of the property
and of the container to secure it in a manner that does not endanger
the safety of the persons or property within the vicinity. In the
event that the container and/or its contents may become a danger to
persons or property, the Code Enforcement Officer may require its
immediate removal.
(1)
Any container which is not removed at the end of the time for which
it may lawfully remain in place, or immediately upon the direction
of the Code Enforcement Officer for removal of a container for safety
reasons, may be removed and impounded by the Village immediately,
without prior notice. The applicant/owner and/or occupiers shall be
jointly and severally liable to the Village for the costs of moving
and impounding each unit, and a storage fee of $45 per unit for each
day or part thereof the unit(s) is stored by the Village, together
with any and all costs of disposal of the container and/or the contents
thereof. The Code Enforcement Officer shall provide to the applicant/owner
and occupiers as soon as reasonably practicable a notice of the impoundment,
the costs for moving, and the daily storage fee, along with their
right to contest such impoundment by requesting an administrative
hearing in writing within 10 days of the date of the notice. The request
for a hearing must be directed to the Village Mayor, who shall either
conduct such hearing directly or appoint a hearing officer to make
a recommendation to the Village Mayor. Said hearing shall be conducted
informally, and any hearing officer may be another employee or elected
official of the Village. In the event that the applicant/owner and/or
occupiers do not request a hearing, or if, after such hearing, the
Village Mayor determines that such impoundment was done in accordance
with law, then the Code Enforcement Officer shall have the authority
to discard, destroy or sell the container and/or its contents at public
auction. Any costs in excess of any amount recovered by the Village
pursuant to any sale of the container and/or its contents may be assessed
against the property on which the container was located and may be
filed as a lien against such property.
C.
All containers shall be maintained in good condition, free from evidence
of deterioration, weathering, discoloration, graffiti, rust, ripping,
tearing, or other holes or breaks, at all times. In the event that
the container fails to comply with this requirement, the Code Enforcement
Officer may require its immediate removal.
D.
No container shall be used to store biodegradable waste, food and
kitchen waste, household hazardous waste, solid waste, garbage or
illegal, toxic, or hazardous materials as defined by federal, state
or local rules, laws or regulations. Toxic or hazardous materials
shall include, but not be limited to, petroleum products, including
fuels and waste oil, organic solvents, and heavy metal sludges.
E.
All containers shall be subject to inspection by the Code Enforcement
Officer on an intermittent basis to ensure compliance.
F.
The Board of Trustees may revise the fees and charges set herein
from time to time by resolution.
G.
The Board of Trustees reserves the right to waive the permit fee
for not-for-profit and charitable organizations.
H.
If site conditions prevent locating a container in conformity with
this chapter, application can be made to the Director of Public Works
for a variance. The granting of a variance shall be in the reasonable
discretion of said Director of Public works, taking into account all
requirements of this chapter, its legislative intent, and the overall
interests of the public's health and safety. Any variance granted
shall be the minimum variance necessary to allow the placement of
a container and at the same time achieve maximum compliance with the
intent of this chapter.
A.
Orders to remedy. The Code Enforcement Officer is authorized to order
in writing the remedying of any apparent violation of this chapter.
An order to remedy shall be in writing; shall be dated and signed
by the Code Enforcement Officer; shall specify the condition or activity
that violates this chapter; shall specify the provision or provisions
of this chapter which is/are violated by the specified condition or
activity; and shall include a statement substantially similar to the
following: "The person or entity served with this order to remedy
must completely remedy each violation described in this order to remedy
by ________________ [specify date], which is three days after the
date of this order to remedy." The Code Enforcement Officer shall
cause the order to remedy, or a copy thereof, to be served on the
applicant/owner and tenants of the affected property by posting a
copy thereof on the door to the property's building or structure
or, if none, to the side of container. A copy thereof shall also be
sent by registered mail or certified mail within one day after the
date of the order to remedy to such applicant/owner and tenants.
B.
Appearance tickets. The Code Enforcement Officer and each Inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law,
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any notice or order issued by the Code
Enforcement Officer pursuant to any provision of this chapter, shall
be punishable by a fine of not more than $250 per day of violation,
or imprisonment not exceeding 15 days, or both; and
(2)
Any person who violates any provision of this chapter, or any term
or condition of any notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter, shall be liable
to pay a civil penalty of not more than $250 for each day or part
thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of this chapter, or any term or condition of any notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the use of a property, building or structure is in violation of any
provision of this chapter, or any order to remedy or other order obtained
under this chapter, an action or proceeding may be commenced in the
name of this Village, in the Supreme Court or in any other court having
the requisite jurisdiction, to obtain an order directing the abatement
of the condition in violation of such provisions. No action or proceeding
described in this subdivision shall be commenced without the appropriate
authorization from the Village Board of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or remedy available to address any violation
described in this section, and each remedy or penalty specified in
this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
chapter or in any other applicable law. Any remedy or penalty may
be pursued at any time, whether prior to, simultaneously with, or
after the pursuit of any other remedy or penalty.
