[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.
A.
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:
(1)
Such vehicle is stored or deposited on premises legally used, operated
and located for a junkyard; or
(2)
Such vehicle is stored in a completely enclosed building designed
and approved for such purposes.
(3)
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.
(4)
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.
(5)
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.
B.
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.
A violator of this chapter shall be punishable as provided in the
Vehicle and Traffic Law of the State of New York.
B.
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.
C.
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.
