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.
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.
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.