[HISTORY: Adopted by the Town Board of the Town of Brant 12-12-2006
by L.L. No. 5-2006. Amendments noted where applicable.]
The purpose of this chapter is to promote the general health, safety
and welfare of the residents of the Town of Brant and to protect the value
of real property in the Town of Brant and to promote and perpetuate the attractive
appearance of neighborhoods in the community, by requiring proper maintenance
of real property within the Town of Brant.
A.
It shall be a violation of this chapter for any owner
or other occupant or person having control of real property in the Town of
Brant to deposit, abandon, maintain, keep or allow the accumulation on their
real property, outside of any building, of any junk, trash, rubbish, garbage,
refuse, debris, discarded materials, and any other waste material which, if
thrown or deposited as herein prohibited, tends to create a danger to the
public health, safety and welfare or creates degradation through unsightliness.
(1)
Examples of such materials are as follows:
(a)
Putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
(b)
Putrescible and nonputrescible solid wastes (except body
wastes), such as garbage, rubbish, ashes, street cleanings, dead animals,
and solid market and industrial wastes.
(c)
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as felled or cut trees, limbs, lumber and
construction materials not actively and presently being used to construct
or repair a building or make any other improvement on the premises, broken
glass, discarded bedding, broken crockery and similar materials.
(d)
Any boat, snowmobile, all-terrain vehicle, marine and/or
aircraft item or other such device, vehicle or machinery which is in a state
of disrepair or is otherwise dilapidated, broken, or abandoned.
(e)
Abandoned, discarded, broken, or inoperable refrigerators,
washing machines or other machinery or appliances or parts thereof. Any such
items stored on any yard or lot for a period of more than 10 days shall be
presumed to be abandoned and subject to enforcement.
(f)
Vehicles.
[1]
Unless the proper permits and licenses have been granted
pursuant to some other provision of law (such as a permit or license to operate
as an auto dealer and/or rebuilder), having more than one automobile, truck,
or other vehicle originally intended for use on the public highways which
is unregistered, old, or secondhand and no longer intended or in condition
for legal use on the public highways, including such vehicles which are in
a state of disrepair or otherwise dilapidated, broken, or abandoned. For the
purpose of this subsection a vehicle shall be presumed to be no longer intended
or in condition for legal use on the public highways if it does not bear:
[2]
Notwithstanding the foregoing provisions, it shall not
be a violation of this chapter for the owner or occupant of real property
to keep or maintain on such property vehicles and/or equipment used to maintain
such property or vehicles and/or equipment used for agricultural purposes
on such property.
(2)
Such list of examples is not exclusive and is not in
limitation of the prohibition contained in this section.
B.
Except to the extent that a health, safety or fire hazard
is found to exist, or if the storage of such items would constitute a nuisance,
it shall not be a violation of this chapter to maintain on real property items
of the kind and nature set forth in Subsection A above if such items are stored
inside a storage structure or if they are stored in such manner that they
are not visible to neighboring properties or from a highway. Notwithstanding
the foregoing, such storage in a front yard as defined in Chapter 161, Zoning,
is forbidden under all circumstances. Notwithstanding the foregoing subsection,
it shall not be a violation of this law for the owner or occupant of a parcel
of real property to have not more than one unregistered and/or unlicensed
motor vehicle situated or located on the front yard of said parcel for purposes
of resale, provided that the title for such motor vehicle must be in the name
of such owner or occupant, and further provided that such motor vehicle shall
be located in a manner that will not obstruct visibility for vehicular traffic
travelling on public highways and entering or exiting private driveways.
A violation of this chapter shall be a violation as defined in § 10.00
of the Penal Law of the State of New York and shall be punishable by a fine
not to exceed $350 or a sentence of imprisonment not to exceed 15 days, or
both.
A.
The Code Enforcement Officer of the Town of Brant is
hereby authorized to enforce the provisions of this chapter.
B.
Upon receiving a complaint or upon any inspection of
a property, the Code Enforcement Officer shall determine whether or not there
appears to be a violation of this chapter. Upon determining that this chapter
has been violated, the Code Enforcement Officer shall give the owner of the
real property or other person charged with the maintenance of the property,
if known, written notice setting forth the nature and existence of the violation,
and the provisions of this chapter violated, and directing that the violation
be terminated or corrected within 10 days of the date of such notice. Such
notice shall be given personally to the owner, lessee, occupant or other person,
or by posting a copy of the notice in a conspicuous place on the real property,
or by mailing the same to the address of the real property or that listed
by the owner for the receipt of tax bills.
C.
If the owner of the real property or other person charged
with the maintenance of the property fails to terminate or correct the violation
in the time provided, the Code Enforcement Officer may file a written complaint,
signed by the complaining party, specifying the conditions, acts or omissions
constituting a violation of this chapter, the address of the real property
where the violation is taking place, the name and address of the owner, occupant,
lessee, tenant and/or other party having control of the real property, with
the Town Justice and shall issue and serve on the real property owner an appearance
ticket requiring his or her appearance in court. The Code Enforcement Officer
shall also file proof of compliance with Subsection B above. In the alternative,
the Code Enforcement Officer or any complaining or aggrieved party may file
a written complaint, signed by the complaining party, with the Town Justice
specifying the conditions, acts, or omissions constituting a violation is
taking place, the name and address of the real property owner, occupant, lessee,
tenant or other party having control of the real property, and facts showing
compliance with Subsection B of this section. Upon receipt of such complaint,
the Town Justice may issue a written summons directing the property owner
or other responsible party to appear in person before him; if such person
does not appear, the Town Justice may issue a warrant for the arrest of said
person based upon any complaint or information previously filed.
