[Amended 2-25-2020 by L.L. No. 1-2020]
Where the Town Planning Board/Zoning Board of Appeals finds that due to special circumstances of the particular case, a waiver of certain requirements as stated in Article IV herein is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Board finds and records in its minutes that:
A.
Granting the waiver would be keeping with the intent
and spirit of this chapter and is in the best interests of the community.
B.
There are special circumstances involved in the particular
case.
C.
Denying the waiver would result in undue hardship
to the applicant, provided that such hardship has not been self-imposed.
D.
The waiver is the minimum necessary to accomplish
this purpose.
A.
The enforcement officer shall, upon request of the
Planning Board/Zoning Board of Appeals, make inspections of the premises
of any junkyard for which application for a permit has been made or
any other existing junkyard within the town and shall report to the
Board on the conditions of such junkyard.
[Amended 2-25-2020 by L.L. No. 1-2020]
B.
The enforcement officer shall make periodic inspections
of the town to ensure that all existing junkyards have permits and
that the requirements of the law are met. Any observed violations
shall be reported to the Planning Board/Zoning Board of Appeals.
[Amended 2-25-2020 by L.L. No. 1-2020]
C.
The enforcement officer shall not enter the premises
of any private property without the consent of the owner. It shall
be the responsibility of the applicant to arrange for all required
inspections of the premises prior to permit issuance or renewal.
The Town Board may revoke a junkyard permit
upon reasonable cause should the applicant fail to comply with any
provision of this chapter. Before a permit may be revoked, a public
hearing shall be held by the Town Board. Notice of the hearing shall
be made in the official newspaper at least five days prior to the
date thereof. The permit holder shall be notified of the hearing by
certified mail at least five days prior to the hearing. At the hearing,
the Town Board shall hear the permit holder and all other persons
wishing to be heard on the revocation of the junkyard permit. Should
the Town Board decide to revoke a permit, the reasons for such revocation
shall be stated in the Board minutes. The permit holder shall be immediately
notified of the revocation by certified mail.
A.
Any person who shall violate any of the provisions
of this chapter shall be guilty of an offense and subject to a fine
of not more than $250 or imprisonment for not more than 15 days, or
both, or punishable by a penalty of $250 to be recovered by the town
in a civil action. Every such person shall be deemed guilty of a separate
offense for each week such violation, disobedience, omission, neglect
or refusal shall continue.[1]
B.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with
or restrain by injunction the violation of any article of this chapter.
