[HISTORY: Adopted by the Board of Trustees of the Village of Akron
6-3-2002 by L.L. No. 2-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 71.
Unsafe buildings — See Ch. 74.
Solid waste — See Ch. 131.
[1]
Editor's Note: This local law was adopted as Ch. 75 of the Code but
was renumbered to maintain the alphabetical sequence of the Code.
This chapter shall be known as the "Property Maintenance Law of the
Village of Akron."
A.
The Village Board of the Village of Akron hereby finds
that the outdoor storage, accumulation, deposit or placement of abandoned,
junked, discarded, wholly or partially dismantled or unlicensed or unregistered
motor vehicles, rubbish, debris, solid waste or garbage upon private property
threatens the health, safety and welfare of Village residents. Outdoor storage,
accumulation, deposit or placement of such items creates a significant fire
hazard, endangers the environment and groundwater, leads to infestation by
insects, vermin or rodents, depreciates property values, and has a deteriorating
and blighting effect upon the neighborhood and community.
B.
The Village Board hereby determines that the outdoor
storage, accumulation, deposit or placement of abandoned, junked, discarded,
wholly or partially dismantled or unlicensed or unregistered motor vehicles,
rubbish, debris, solid waste, or garbage upon private property constitutes
a public nuisance.
A.
DEBRIS
(1)
(2)
GARBAGE
JUNKED MOTOR VEHICLE
MOTOR VEHICLE
RUBBISH
SOLID WASTE
As used in this chapter, the following terms shall have
the meanings indicated:
[Amended 12-4-2006 by L.L. No. 7-2006]
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures, property
or roads, as well as materials consisting of vegetation resulting from land
clearing and grubbing, utility line maintenance and seasonal and storm-related
cleanup. Such materials include but are not limited to bricks, concrete and
other masonry material, soil, rock, wood, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles, asphalt pavement,
glass, window frames, electrical wiring and components, plastics, carpeting,
foam padding, linoleum, metals, or any combinations thereof which are incidental
to construction, excavation, renovation, equipping, remodeling, repair or
demolition.
Such materials defined as "debris" shall not include materials which
are being used on the owner's premises for an improvement where a building
permit is in effect. In the event there is a building permit in effect and
construction has been interrupted, any materials stored out of doors shall
be adequately covered by tarps or equivalent material which will protect such
materials from the weather.
Includes all putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including containers
in which packaged, and animal feces from household pets.
A motor vehicle as defined herein which is discarded, wrecked, abandoned,
dismantled or partially dismantled and which is in such a deteriorated condition
that it cannot be legally operated upon the public highways without substantial
repairs. With respect to any motor vehicle not required to be licensed or
motor vehicles not usually used on public highways, the fact that such motor
vehicle has remained unused for six months or more and is not in condition
to be moved under its own power shall by presumptive evidence that such motor
vehicle is a junked motor vehicle.
Includes all vehicles as defined by NYS Vehicle and Traffic Law § 125.
The term "motor vehicle" as used in this chapter shall also include all-terrain
vehicles, as defined by NYS Vehicle and Traffic Law § 2281, and
snowmobiles, as defined by NYS Vehicle and Traffic Law § 2221.
Includes all discarded or worthless nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, including but not limited to
paper and paper products, rags, wrappings, cigarettes, cardboard, tin cans,
yard clippings, wood, glass, metals, plastics, tires, bedding, cloth, crockery,
furniture, appliances and similar items.
Includes all putrescible and nonputrescible materials and substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless or in excess to the owner at the time of such discard
or rejection, including but not limited to household and commercial garbage,
industrial waste, rubbish, debris, litter, ashes, iron, copper, brass, lead,
zinc, tin, steel, and other metals, metallic cable, wire, rope, bottles, bagging,
rubber, rotted lumber or firewood, wrecked dismantled or discarded vehicles
and machinery and all other discarded or cast-off articles or materials of
any kind.
B.
Other terms as used in this chapter shall have their
common and ordinary meaning.
A.
No person, as owner, occupant, lessee or agent, or in
any capacity, shall store, deposit, place, maintain or cause or permit to
be stored, deposited, placed or maintained outdoors any abandoned, junked,
discarded, wholly or partially dismantled, unlicensed or unregistered motor
vehicle or any solid waste, rubbish, debris, or garbage upon any private property
within the Village.
B.
Exceptions.
(1)
This section shall not apply to any solid waste, rubbish,
debris, or garbage temporarily stored or placed in a container for collection
or disposal.
(2)
Notwithstanding the foregoing, a motor vehicle may be stored
outside of a completely enclosed building with a written permit from the Building
Inspector or any such officer or employee authorized by the Mayor. A motor
vehicle which is not both licensed and inspected may, upon the owner obtaining
a permit, for a period of not more than 60 consecutive days, be displayed
in public view for sale. The owner of such motor vehicle must be an owner
or occupant of the lot on which such motor vehicle is so offered for sale.
The permit provided for herein shall be renewable for an additional 60 days
upon the payment of an additional permit fee as required under this section.
The effective dates of any permit shall be such that at no time is more than
one motor vehicle offered for sale on any lot in accordance with this subsection,
and no more than two motor vehicles shall be so offered for sale on any lot
during any twelve-calendar-month period. The fee for such permit shall be
as from time to time established by resolution of the Village Board.
[Amended 4-4-2005 by L.L. No. 2-2005]
(3)
Anything to the contrary herein contained notwithstanding,
a motor vehicle defined as a "house coach" in the Vehicle and Traffic Law
of the State of New York may be stored outside of a completely enclosed building,
provided that at all times during such storage it has been licensed and inspected
to be operated on public streets at some time within the preceding 12 months,
and further provided that the owner of such house coach is the owner or occupant
of the lot on which such house coach is so stored and that at no time is more
than one house coach stored on any lot in accordance with this subsection.
(4)
In any I-1 or I-2 Zone, motor vehicles which are not
licensed but are operable and used in the business of the property owner or
lessee may be stored in an area of the property no nearer than 100 feet to
the center line of any public right-of-way and 15 feet to any side or rear
property line.
[Added 5-21-2007 by L.L. No. 5-2007]
Whenever there is reasonable cause to believe that the provisions of
this chapter are violated, the Building Inspector, or any such other officer
or employee authorized by the Mayor to have jurisdiction thereof, shall make
an inspection of the property involved and shall prepare a written report
of the conditions found, which report shall be filed with the Village Board.
A.
If conditions existing on the inspected property violate
the provisions of this chapter, the Building Inspector or other designated
officer or employee shall serve or cause to be served a written notice of
such violation, either personally or by certified mail, upon the owner or
owner's agent as well as upon the lessee or occupant of said premises.
B.
Said notice shall contain substantially the following:
the name of the owner and, if applicable to the violation, the lessee or occupant
of the premises; the address or location of the premises; the identification
of the premises as the same appears on the current assessment roll; a statement
of the conditions on the property deemed upon inspection to be in violation
of this chapter; demand that the motor vehicle, solid waste, rubbish, debris,
or garbage determined to be in violation of this chapter be removed from the
property on or before 10 days after the service or mailing of such notice;
a statement that a failure or refusal to comply with the provisions of this
chapter and the notice given pursuant thereto within the time specified may
result in a duly authorized officer, agent or employee of the Village entering
upon the property and removing such motor vehicle, solid waste, rubbish, debris,
or garbage and causing the same to be disposed of or otherwise destroyed;
and that the cost and expense of such removal and disposal or destruction
shall be assessed against the described property and shall constitute a lien
thereon to be collected as provided by law.
C.
Said notice shall also contain the date, time, and location
at which the Village Board will conduct a public hearing to determine whether
the conditions upon the subject property constitute a public nuisance. Said
notice shall state that the property owner, his/her agent, lessee or occupant
is entitled to be heard at such bearing and present evidence or testimony.
The date of such public hearing must be at least 10 days after service or
mailing of the notice of violation. Notice of the public hearing shall be
published in a paper of general circulation in the Village at least five days
prior to the date of the public hearing.
D.
Nothing contained herein shall require notice as a prerequisite
to the issuance of a summons or appearance ticket for a violation of this
chapter.
On or before the date of the public hearing and prior to commencement
of the public hearing, the Building Inspector, other duly authorized officer
or employee shall conduct a second inspection of the property and file with
the Village Board a written report of the conditions deemed in violation of
this chapter found thereon. Such inspection shall be conducted as close to
the date of the public hearing as practicable.
At the close of the public hearing, the Village Board may determine
that the conditions upon the subject property which violate this chapter constitute
a public nuisance. Upon a determination by the Village Board that conditions
upon the property constitute a public nuisance, the Village Board is empowered
to authorize officers, agents or employees of the Village to enter onto the
property to remove any vehicle, solid waste, rubbish, debris, or garbage stored,
deposited, placed or maintained in violation of this chapter and dispose of
or otherwise destroy same. Any costs and expenses incurred by the Village
when acting pursuant to this chapter to abate a public nuisance shall be assessed
against the property involved and shall constitute a lien thereon to be collected
as provided by law.
A.
Nothing in this chapter shall prohibit a municipality
from entering onto private property to remove any solid waste, motor vehicle,
appliance, rubbish, debris, or garbage whenever there exists an imminent threat
to the life or safety of persons. Municipal authority pursuant to this section
may only be exercised where there is a dire necessity to protect life and
safety. Any municipal action taken pursuant to this section must be reasonably
calculated to alleviate or prevent the crisis condition and must be limited
to those actions necessary to eliminate the emergency situation.
B.
A property owner shall be given notice and an opportunity
to be heard prior to any costs and expenses incurred pursuant to this section
being placed on the property's tax bill.
Nothing contained in this chapter shall prevent the Village from seeking
judicial or equitable relief to abate violations of this chapter
This chapter shall not apply to any junkyard as defined in the Village
code.
