[HISTORY: Adopted by the Town Board of the Town of Henrietta 9-6-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
A clean, wholesome and attractive environment is of vital importance to the continued general welfare of its citizens, and the deposit, accumulation, or maintenance of junk, regardless of quantity, is hereby prohibited anywhere within sight of persons lawfully traveling the public highways or within sight of neighboring property. By adoption of this chapter the Town of Henrietta 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 said junk is located but also the property of other persons in the neighborhood and the community generally.
The provisions of this chapter shall apply in addition to the provisions of any other local law or ordinance adopted by the Town of Henrietta. Where there is a conflict the more restrictive provision shall apply.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Code Enforcement Officer(s), the Zoning Officer, the Fire Marshal, or any peace officer or police officer whose powers and duties are within or include the Town of Henrietta.
- All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including any container in which packaged.
- Worn out or discarded material of little or no value, including but not limited to a junk appliance, junk furniture, junk mobile home, junk motor vehicle or garbage, rubbish and debris.
- OUTDOOR STORAGE
- The placing, maintaining or keeping of junk, rubbish, clutter, litter or debris in a place other than a structure with a roof and fully enclosed on all sides.
- RUBBISH, CLUTTER, LITTER AND DEBRIS
- Ordinary household or commercial trash such as paper and paper products, barrels, cartons, boxes, cardboard, cans, glass, metals, machinery, plastics, rubber, crates, furniture, rugs, clothing, rags, mattresses, blankets, cigarettes, ashes, street cleanings, dead animals, yard clippings, leaves, wood, tires, lumber, brick, stone and other building materials no longer intended or in condition for ordinary use; and any and all tangible personal property no longer intended or in condition for ordinary and customary use.
It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any junk, clutter, litter and debris, regardless of quantity, anywhere within sight of persons lawfully traveling the public highways or within sight of neighboring property within the Town of Henrietta; provided, however, that this section shall not prohibit the storage of garbage, rubbish, clutter, litter and debris in authorized private receptacles for collection.
This chapter shall not apply to the storage or placement on the premises of the following material:
Wood intended for consumption in a wood-burning stove, furnace or fireplace located in a building on the premises.
Lawn or yard or garden ornaments and implements.
Lawn and patio furniture.
Operable farm, garden and yard machinery and apparatus used on the premises.
Hoses and sprinklers used for watering lawns or gardens.
Storage or placement and accumulation of materials in connection with a commercial operation duly conducted on the premises where such storage, placement and accumulation is expressly permitted by the laws of the Town of Henrietta.
Construction materials and equipment used for the construction and renovation of a building on the premises for which a building permit has been issued.
This chapter may be enforced by any enforcement officer of the Town of Henrietta. Said persons shall have the authority to enforce the provisions of this chapter and to inspect premises within the municipality as necessary for said enforcement.
Any person may file a complaint with the enforcement officer that a violation of this chapter may have taken place. The enforcement officer shall properly record and investigate any such complaint. The enforcement officer may also investigate any alleged violation that he or she has reason to believe has occurred or is occurring.
The enforcement officer, upon detecting a violation of this chapter, shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of such private property, stating the facts by which it is alleged there is a violation of this chapter and ordering that the junk be removed or placed so as to be in compliance with the law within 10 days from the date said notice is given. The enforcement officer may determine ownership of any parcel of land in the Town of Henrietta from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice to said owner at the address listed on the current assessment roll. Such notice shall state that in the event that the junk is not removed or placed so as to be in compliance with the law within the time required in the notice, the Town of Henrietta shall have the right to either prosecute the matter in the Henrietta Justice Court or enter upon the premises and to remove and dispose of the junk. The expense of such removal and disposal shall be a lawful charge against the owner and occupant of the premises and may be collected, if necessary, in a civil action instituted in the name of the Town or in accordance with the provisions of § 209-12, Penalties for offenses, of this chapter.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 209-8, Notice to comply, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Henrietta Justice Court at a date and time specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time and a description of the violation, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and the facts by which it is alleged there is a violation of this chapter.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer may serve a written notice, either personally or by registered or certified mail, upon the owner, occupant or person having charge of such private property to comply with the requirements of this chapter. If served by registered mail, certified mail or by publication, then said notice shall also be posted conspicuously on the subject property. The Code Enforcement Officer may determine ownership of any parcel of land in the Town of Henrietta from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll. If the Code Enforcement Officer is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing the same in the official newspaper of the Town for two consecutive weeks. The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Henrietta briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain junk, namely: (Here describe the conditions on the property) is stored or deposited on the above-described property and constitutes a public nuisance in the Town of Henrietta. This junk must be removed therefrom within 15 days from the date of this notice; provided, however, that if this notice is served on you by publication, said junk shall be removed within 24 days from the first publication date of this notice. If such junk is not removed on or before the expiration of said 15 days from the date hereof or on or before the expiration of said 24 days from the date of this notice in the event that it is served on you by publication, you are hereby summoned to appear before the Town Board of the Town of Henrietta, New York, at ....m. o'clock, on the day of ......, 20 ......, at which time a hearing will be held to determine whether the conditions on the property constitute a public nuisance and why the Town of Henrietta, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and remove and cause said junk to be removed and destroyed. In the event that the Town Board directs that said junk be removed and destroyed the expense incurred by the Town of Henrietta shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
Town of Henrietta Code Enforcement
A violation of this chapter or any section or provision thereof shall be an offense and shall be punishable, upon conviction thereof, by a minimum fine of $100 up to a maximum fine of $250 or imprisonment not to exceed 15 days, or both. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation. These penalties shall be in addition to the other remedies of the Town Board provided by this chapter.