Article II shall not apply to the storage or placement on the premises of the following material:
A.
Wood intended for consumption in a woodburning 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, including unlicensed vehicles used solely for snowplowing
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.
H.
Construction materials and equipment used for the construction
or renovation of a building on the premises for which a building permit has
been issued.
This chapter may be enforced by the Building Inspector or the Code Enforcement
Officer or by any Constable of the Town of Barton. Said persons shall have
the authority to enforce the provision of this chapter and to inspect premises
within the Town as necessary for said enforcement.
Any person may file a complaint with the Code Enforcement Officer of
the Town of Barton that a violation of this chapter may have taken place.
The Code Enforcement Officer shall properly record and investigate any such
complaint. The Code Enforcement Officer may also investigate any alleged violation
that he or she has reason to believe has occurred or is occurring.
The written notice to comply should contain the following information:
A.
The name of the owner or occupant to whom the notice
shall be addressed.
B.
The location of the premises involved in the violation.
C.
A statement of the facts which it is alleged violate
this chapter.
D.
A demand that the junk be removed or placed so as to
be in compliance with this chapter within a specified number of days after
the service or mailing of the notice.
E.
A statement that a failure to comply with the demand
may result in prosecution.
F.
A copy of this chapter.
A.
The Code Enforcement Officer is hereby authorized, pursuant
to Criminal Procedure Law § 150.20(3) to issue an appearance ticket
to any person whom the Code Enforcement Officer has reason to believe has
violated this chapter, and shall cause such person to appear before the Town
Justice.
B.
Upon failure of an owner, tenant or occupant with notice
to correct a violation of the Town of Barton, the Town Board may hold a public
hearing to determine whether the violation constitutes a public nuisance requiring
abatement by the Town. The public hearing shall be held upon notice posted
conspicuously on the subject property. The notice shall also be sent to the
last known address of the property owner, as it appears on the current assessment
records of the Town, by certified mail, return receipt requested, or served
on the owner by personal service. Posting and service of such notice shall
not be less than 15 calendar days, exclusive of the date of service, prior
to the date of the public hearing. The notice shall:
(1)
Identify the premises as the same appears on the current
assessment roll;
(2)
Contain a statement of the conditions on the property
deemed, upon inspection, to constitute a public nuisance;
(3)
Contain a demand that the condition or conditions constituting
the public nuisance be immediately abated or removed before the date of the
hearing specified in the notice;
(4)
Contain a statement that a failure or refusal to comply
within the period specified may result in a duly authorized officer, agent
or employee of the municipality entering upon the property and abating or
removing the public nuisance; and
(5)
Contain a statement that the cost and expense of such
abatement or removal shall be the responsibility of the owner, tenant or occupant,
and without limitation on the Town's potential remedies to recoup its
expenses, such cost and expense shall be assessed against the described property
and shall constitute a lien thereon to be collected as provided by law.
C.
Where the Town Board finds, based on substantial evidence
in the public hearing record, that the violation or violations amount to a
public nuisance requiring abatement by the municipality, the Town Board may
cause the abatement or removal of the public nuisance. The abatement or removal
may be performed by the municipality or by its designee, or agent, including
a private contractor lawfully engaged and authorized by the Town. The Town
Board shall ascertain the cost of removal and assess such expense against
the record owner of the property. The expense so assessed shall constitute
a lien in charge on real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner and at the
same time as other Town charges. The foregoing shall not be construed as a
limitation on the Town's potential remedies to recover its costs.
D.
The removal of any nuisance by the Town's agents
shall not operate to excuse such owner, tenant or occupant from properly maintaining
the premises as required by this chapter. Such owner, tenant or occupant shall,
in addition to the remedies provided herein, be subject to any other penalties
provided for by this chapter.
If the Code Enforcement Officer shall find that an alleged junkyard
exists without the necessary permit, the Code Enforcement Officer is hereby
authorized, pursuant to Criminal Procedure Law § 150.20(3), to issue
an appearance ticket to any person whom the Code Enforcement Officer has reason
to believe has violated this law and shall cause such person to appear before
the Town Justice.
B.
Every such person shall be deemed guilty of a separate
violation for each week such violation, disobedience, omission, neglect or
refusal shall continue.
C.
The Town may 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 provision of this chapter.
