[HISTORY: Adopted by the Town Board of the Town of Canandaigua 7-25-2005 by L.L. No. 8-2005 (Ch. 17 of the 1977 Code); amended in its entirety 10-15-2018 by L.L. No. 7-2018. Subsequent amendments noted where applicable.]
The specific purpose of this chapter is to prohibit the placement or storage of abandoned, uninspected, unlicensed, inoperative or junked vehicles in the Town. The Town of Canandaigua hereby declares that the unrestrained accumulation of abandoned, uninspected, unlicensed, inoperative, discarded or junked vehicles is a hazard to the health, safety and welfare of the citizens of the Town, necessitating the regulation, restraint and elimination thereof.
The outside storage of abandoned, uninspected, unlicensed, inoperative, discarded or junked vehicles on privately owned properties within the Town of Canandaigua is a source of annoyance to members of the public and to owners and occupants of adjacent land. The outdoor storage of such vehicles on private property is unsightly and constitutes an attractive nuisance to children and a peril to their safety. This chapter is intended hereby to protect public health and safety and to curb the deterioration of the community environment.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Canandaigua, to store or cause or permit to be stored two or more abandoned, discarded or unregistered vehicles, or part or piece thereof that are in a state of major disrepair, or in the process of being stripped or dismantled, on any private property, unless:
Such vehicle is stored or deposited on premises legally used, operated and located for a junkyard; or
Such vehicle is stored in a completely enclosed building designed and approved for such purposes.
Such vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws of the Town of Canandaigua.
Such vehicle has been converted to and is actually used as a permanent building or structure for carrying on purposes in such manner and circumstances as authorized by the local laws and ordinances of the Town of Canandaigua.
Such vehicle is a recreational vehicle or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Town of Canandaigua.
It shall be lawful for owners of an active agricultural operation to store farm vehicles outdoors on a farm site, provided such equipment is screened to the fullest extent practical from adjacent residential properties and from along the public highways. No permit is required for the storage of farm vehicles which are part of an active agricultural operation. However, once active agricultural operations cease, the pieces of equipment shall be screened to the fullest extent practical from adjacent residential properties and from along the public highways or removed from the premises within 180 days.
After the Zoning Officer or Code Enforcement Officer has determined that a vehicle is being stored or abandoned on a parcel of real property in violation of this chapter, he/she shall send written notice of the violation to the owner of record and the occupant of the property, if any, directing the removal of such a vehicle or vehicles within 30 days of receipt of such notice.
This chapter may be enforced by the Zoning Officer or Code Enforcement Officer of the Town of Canandaigua or by any law enforcement agency having jurisdiction within the Town of Canandaigua. The Zoning Officer and Code Enforcement Officer are hereby empowered to issue appearance tickets for violations of any provision of this chapter.
There shall be a presumption that a person who has received such a notice as described in § 190-4 above has stored, deposited, placed, abandoned or caused, consented or permitted the storage of such vehicles described in said notice.
When extenuating circumstances exist or hardship conditions can be demonstrated, a special use permit may be granted to an individual for a specified period of time by application to the Planning Board. All applications must be made through the Town Development Office. The application may be approved for the reason stated by the applicant, provided that approval would not be detrimental to the health, safety or welfare of the Town. The applicant shall be required to offer such proof as a part of the process of getting approval for the application. Such a permit will be granted only after a hearing has been held on the merits of the application and findings of fact have been stated by the Planning Board in the resolution of approval.
A violator of this chapter shall be punishable as provided in the Vehicle and Traffic Law of the State of New York.
In addition to the enforcement in a criminal proceeding by fine or imprisonment, this chapter may be enforced by instituting a special proceeding, as authorized by Article 4 of the Civil Practice Law and Rules, to compel compliance with the provisions of this chapter or to restrain by injunction any violation thereof or to obtain any other appropriate relief.
A civil penalty of $250 per day is hereby imposed for each day's violation of this chapter, which penalty may be collected in any judgment rendered in a proceeding of this chapter or in a separate civil action.
Notwithstanding any other provisions of this chapter, any automobile storage facility, automobile or other junkyard located in a residentially zoned district in existence at the effective date of this chapter shall, at the expiration of one year from such date, be discontinued.
The Town Board may from time to time on its own motion, on petition, or on recommendation from the Town Planning Board or Board of Appeals, and in accordance with the laws of the State of New York, amend, supplement, or repeal the provisions of this chapter.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standard, shall govern.