[HISTORY: Adopted by the Town Board of the
Town of Van Buren 11-4-2020 by L.L. No. 2-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 145,
Property Maintenance, adopted 9-19-2006 by L.L. No. 5-2006, as amended.
A.Â
It is hereby declared to be the policy of the Town of Van Buren (hereinafter
the "Town") to provide for the proper use of land to prevent unhealthy,
hazardous, or unsightly conditions due to the accumulation of yard
waste, weeds, junk, garbage, rubbish, litter, debris and construction
equipment, in order to protect the public health, safety and general
welfare of the residents of this Town. This chapter is intended to
provide to the residents of the Town, and to the owners and occupants,
the responsibilities of the minimum requirements and standards in
order to protect the public health, safety and general welfare of
the residents of the Town insofar as they are affected by the occupancy
and maintenance of structures, equipment and exterior property.
B.Â
The Town hereby declares that a clean and wholesome environment is
of vital importance to the continued general welfare of its citizens,
and that the regulation of the deposit, accumulation, or maintenance
of junk regardless of the quantity is hereby prohibited. By adoption
of this chapter, the Town declares its intent to preserve and promote
a reasonable quality of environment and aesthetics and to prohibit
actions and conduct that tend to depreciate not only the property
on which it is located but also the property of other persons in the
neighborhood and the community generally. It is the Town's expressed
desire and intent that residents and/or property owners comply with
all Town codes so as to maintain clean, safe and sanitary properties,
and property values of all parcels.
C.Â
By this chapter, the Town seeks to remove such threats to health,
life, property, and property values by requiring owners of land to
take remedial action to cut, trim or remove brush, grass, rubbish
and/or weeds, and remove all types of junk and construction equipment,
as described in the definitions section below, and to further refrain
from placing such items in a public right-of-way or easement, for
prevention from being carried away or disrupted by animals and the
elements.
D.Â
All structures and premises located within the Town, whether occupied
or vacant, shall be maintained in conformity with the currently enacted
Property Maintenance Code of New York State, and the standards set
out in this chapter so as to assure that none of these structures
or premises will adversely affect their immediate neighbors or neighborhood,
or the larger community.
E.Â
It is the Town's desire that residents and/or property owners comply with Town codes and comply with the violation notices and time frames rather than having to force compliance through legal means and actions. It is the expressed desire and intention of the Town to give the resident and/or property owner the opportunity to rectify any code violation based upon a warning notice of the violation within a period of 30 days from the courtesy warning notification. The warning notification may be a courtesy phone call; a letter sent regular mail or a visit from the Code Enforcement Officer. The first notification of violation following the warning will be served as described in § 145-7. If the resident and/or property owner fails to rectify the violation within the warning time frame, then the violation time frame shall be considered to have commenced on day 31 following the warning period which will be considered the date of the initial notification of the violation by the Town official.
The provisions of this chapter shall apply in addition to the
provisions of any other local law or ordinance adopted by the Town.
Where there is a conflict, the more restrictive provision shall apply.
The provisions of this chapter shall also be applicable to conditions
existing at the time of enactment.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturer's
specifications.
Uncultivated woody shrubs and/or immature trees.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and, which because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer's specifications
and appearance.
Includes, but is not limited to, brick, stone, lumber, pipes,
cement, and other building materials no longer intended for or in
condition for ordinary use.
Includes, but is not limited to, backhoes, cement mixers,
loaders, excavators, skid steers, and dump trucks over 10,000 pounds.
Animal, food, and vegetable waste resulting from the growing,
handling, processing, cooking, and serving of foods, marketing and
preparation, and storage, sale, of food items, including containers
in which it is packaged, and clippings.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering and may also be used as ground covering for the establishment
of drainage swales, flood routes or water detention basins.
Worn out, discarded, inoperable, abandoned, irreparably damaged,
unusable, scrapped materials of little or no value, including, but
not limited to, small and large appliances, furniture, manufactured
and/or mobile homes, motor vehicles, accessory vehicles, seasonal
vehicles such as campers, RVs (recreational vehicles), watercraft,
ATVs (all-terrain vehicles), swimming pools, hot tubs, spas, and tires
as well as scrap metal waste which is stored outside of any residence
or enclosed structure.
Abandoned for seven months or more or discarded structure,
or part thereof, transportable in one or more sections, which, in
the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, if erected on a site, is 320 or more square
feet, and which is built on a permanent chassis or foundation/slab
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems contained
therein. To qualify as a junk mobile or manufactured home, the dwelling
must meet two out of three 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 vehicle,
which is:
Any abandoned or discarded boats (including motorized and
nonmotorized), canoes, kayaks, and jet skis, all of which may or may
not be required to be licensed and which are unusable due to mechanical
defects.
Any vehicle, as defined by New York State Vehicle and Traffic
Law, which is required to be licensed, including all vehicles propelled
or drawn by power other than muscular power originally intended for
use on public highways, including, but not limited to, automobile,
including antique and classic cars, bus, trailer, truck, tractor,
motor home, RV, motorcycle and minibike. The vehicle shall not be,
at any time, in a state of major disassembly, disrepair or in the
process of being stripped or dismantled.
Those plants that are dangerous to the physical health of
humans, animals, or plants or capable of causing damage to humans,
animals, or plants. Noxious plants shall include, but are not limited
to, poison ivy, poison oak, and poison sumac.
Includes an individual or individuals, society, club, firm,
partnership, corporation or an association of persons, and the singular
number shall include the plural number.
A person, other than a lien holder, having possession or
title to a motor vehicle. The term includes person entitled to the
use and possession of a motor vehicle subject to a security interest
in another person and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period of 30 days or greater.
Shall include, but is not limited to, the following:
Lumber, junk, debris, building, construction or demolition materials/debris,
or any other deleterious materials.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, furniture, stoves, refrigerators,
freezers, appliances, cans, containers, vehicle tires, inoperable
lawn and snow equipment, whether motorized or not, and any lawn furniture,
or children's play or playground equipment, swimming pools, hot
tubs and spas, and any and all tangible personal property no longer
intended or in condition for ordinary and customary use.
Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas, or attract rodents, vermin
or other disease-carrying pests, animals, or insects.
Any unsanitary matter or materials.
Solid waste and garbage.
A.Â
SEASONAL MOTOR VEHICLE
SOLID WASTE
YARD WASTE
WEEDS
WORKING/FARM OPERATION
However, for purposes of this chapter, the term "rubbish," shall
not include any of the foregoing if stored within enclosed containers.
A vehicle to be used during a specific time period in the
Town as per typical seasons, such as, but not limited to: 1) running
from April 16 to October 31 and 2) only during the Town determined
winter parking season which runs from November 1 to April 15. Such
seasonal vehicles may include, but are not limited to, a motor vehicle
with or without a removable roof, jet ski, a boat, whether or not
motorized, ATV, snowmobile, and snowplow truck less than 10,000 pounds
and recreational vehicle.
As defined in § 162-2 of the Town of Van Buren Code and those materials specified in Title 6 of New York Codes, Rules and Regulations, Section 360-1.2, as the same may be amended, superseded, or replaced.
Vegetative or organized plant materials resulting from lawn
maintenance or other horticultural gardening or landscaping activities
and includes, but is not limited to, grass, leaves, pruning, brush
or shrubbery or portions thereof severed from their roots, or uprooted
trees, brush, shrubs, including clippings and old matter from flower
gardens, and tree trimmings/limbs up to four inches in diameter, Christmas
trees and garden materials.
Wild, useless, uncultivated plants and vegetation growing
at random in inappropriate locations and at the whim of nature in
locations not specifically intended.
Shall have the same meaning as set forth and defined by the
New York State Agriculture and Markets Law.
A.Â
It shall be unlawful for any person to store, deposit, place or maintain
or cause or permit to be stored, deposited, placed or maintained outdoors,
any "junk," "rubbish," or "yard waste," as described in the definitions
section above, within view of the street or neighbors, upon any private
or public property within the Town.
B.Â
It shall be unlawful for any person to use a bus, uninhabited mobile
home, truck or horse trailer, semitrailer, tank truck, motor home
or flatbed trailer or similar vehicles or units for the storage of
junk or rubbish on any premises or when actively used in connection
with active farming or agricultural operations.
C.Â
No outside storage of automobile parts, dismantled vehicles, tires,
construction equipment or similar articles will be permitted. However,
the restoration of vehicles may be done in residential areas, but
only when performed within an enclosed building or enclosure such
as, but not limited to, a garage, barn, or shed, and is not a commercial
activity.
D.Â
No more than one junk motor vehicle or watercraft may be stored outdoors
on a property for a period not to exceed six months, provided the
vehicle is fully covered by an appropriate motor vehicle covering.
An appropriate motor vehicle cover must cover the entire body of the
vehicle or watercraft but does not have to entirely cover the tires.
Also, appropriate vehicle covers shall not include items such as,
but not limited to, torn or ripped tarps, plastic, or other similar
materials. Based upon extenuating circumstances, an individual may
submit a request to the Code Enforcement Officer for an extension
of an additional six-month period.
E.Â
General prohibition. Except as provided in this chapter or otherwise
authorized by resolution of the Town Board, no person shall place,
or cause to be placed, any rubbish, junk, refuse or other waste materials
on or within any road right-of-way, easement, sidewalk, public walkway,
park, drain, ditch, watercourse, body of water, wetland, or any municipal
property.
A.Â
The following instances of storing ordinary household items are exempted from the above prohibitions set forth in § 145-3:
(1)Â
Wood intended for consumption in a word-burning stove, furnace, fireplace,
or outdoor firepit located on the property/premises or in a building
on the premises.
(2)Â
Usable lawn and/or patio furniture.
(3)Â
Operable farm, garden and yard machinery and apparatuses used on
the premises.
(4)Â
Operable hoses and sprinklers used for watering lawns or gardens.
(5)Â
Storage or placement and accumulation of materials in connection
with a commercial operation duly conducted on the premises in accordance
with the laws of the Town.
(6)Â
Construction materials and equipment used for the construction or
renovation of building on the premises for which a building permit
has been issued.
B.Â
Nothing in this chapter shall be construed to prohibit the minor
maintenance or repair of a motor vehicle on a property where the work
is performed either by the property owner or occupant of the property.
C.Â
Nothing in this chapter shall be construed to prohibit the maintenance
of compost or mulch piles, provided that no garbage other than kitchen
vegetable scraps and yard or garden waste is deposited in such piles,
and further provided that such compost or mulch piles do not develop
obnoxious odors, attract rodents or obnoxious insects, or otherwise
create a hazard to the health and enjoyment of neighboring property
owners, and additionally the compost piles shall not be closer than
three feet from either the rear or side yards and shall not be in
the front yard.
D.Â
The provisions of §§ 145-3 and 145-5 of this chapter related to the growth of yard waste, grass, noxious plants, brush or weeds shall not apply to any lots or land which are under cultivation in a good or husbandry-like manner, from which crops are regularly grown for actual use, to drainage areas or natural open space areas, or to a section of a subdivision which is actively under construction and is less than 75% complete.
E.Â
A person wishing to display for sale on their property an unregistered
motor vehicle must have a "for sale" sign in the vehicle at all times,
and the vehicle may be for sale for a maximum of six months. No more
than two vehicles may be sold on a property within a calendar year.
A.Â
It shall be a violation of this chapter for the owner of any lot
within the Town to permit or maintain on any such lot or land, inclusive
of the land between the curb line and lot line, any growth of brush,
grass, noxious plants, or weeds higher than 10 inches on the average.
B.Â
As used in this section, the term "lot" shall mean a building lot
designed to be occupied by one or more structure(s) regardless if
occupied, vacant or abandoned. Owners and/or occupants of a property
with a lot size of one acre or larger must maintain and mow the grassed
area which is designated as being a minimum of 30 feet from the front
and both sides of the dwelling house or building and to a depth of
a minimum of 40 feet behind the rear line of the dwelling house or
building, whichever is less.
A.Â
Each violation of this chapter shall be punishable by a fine not
to exceed $250 per day, imprisonment up to 15 days, or both. Each
day's violation shall be considered a new and separate offense
subject to a separate penalty.
B.Â
Any person who violates any provision of this chapter for a second
time within one year from the date of a prior conviction for a violation
of this chapter shall be subject to a fine not to exceed $500 per
day, imprisonment up to 15 days, or both.
A.Â
The Code Enforcement Officer, or such other title as may be given
by the Town Board, is empowered to enforce the provisions of this
chapter and to issue and serve appearance tickets and such other process
as may be required and/or authorized by these regulations or the Criminal
Procedure Law in the course of such enforcement proceedings. Any enforcement
action or proceeding may be commenced upon the personal knowledge
of the Code Enforcement Officer or upon the sworn statement of another
individual.
B.Â
If any of the provisions of this chapter are not complied with, following
the warning notification, the Code Enforcement Officer shall serve
written notice and an order to remedy such violation via the following
means:
C.Â
Service of notice upon any owner of land, or the designated person
to receive process as provided by law, shall suffice for the purposes
of this section. Service of such notice shall not, however, be a required
prerequisite to the prosecution of any violation of this chapter in
any court of competent jurisdiction.
D.Â
All complaints must be in writing and signed by the complainant.
The statement must also give permission to the Code Enforcement Officer,
or other Town official, to enter the complainant's property so
as to view the offending property as contained in the complaint.
A.Â
If the owner upon whom the notice is served fails, neglects or refuses
to comply with said notice within 10 days after the service of such
notice, or if such notice was served by posting upon the premises,
then within 15 days after such posting:
(1)Â
The Town shall cause such noncompliance to be remedied; and
(2)Â
All expenses incurred in such work shall:
(a)Â
Be certified by the Town officer or employee overseeing the
work to the Town Clerk/Receiver of Taxes; and
(b)Â
Thereupon become and be a lien upon the property on which such
work was performed; and
(c)Â
Be added to and become part of the taxes next to be assessed
and levied upon such lot or land; and
(d)Â
Bear interest at the same rates as taxes and shall be collected
and enforced by the same officer and in the same manner as Town taxes.
B.Â
This remedy is available to the Town in addition to such penalties
and enforcement proceedings as are otherwise authorized under this
chapter.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the remedy, removal or repair of such unsafe condition. The expense of such remedy, removal or repair shall be a charge against the property on which it is located and shall be assessed, levied and collected as provided in § 145-8.
