[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:
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.
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.
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:
A.
Wood intended for consumption in a wood-burning stove,
furnace or fireplace located in a building on the premises.
B.
Lawn or yard or garden ornaments and implements.
C.
Lawn and patio furniture.
D.
Operable farm, garden and yard machinery and apparatus
used on the premises.
E.
Standing fences.
F.
Hoses and sprinklers used for watering lawns or gardens.
G.
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.
H.
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:
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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.
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Dated:
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Town of Henrietta Code Enforcement
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[Amended 9-27-2023 by L.L. No. 9-2023]
A.
Failure
to comply with this chapter shall constitute a violation, and, upon
conviction thereof, shall be subject to a fine in the minimum amount
of $100, up to a maximum amount of $250. Each day's continued violation
shall constitute a separate additional violation.
B.
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town.
