HomeMy WebLinkAboutLL 1987 #1 Property Maintenance Law M•-.
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•
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Geenev
of • DANBY -
Town
iglis5 ••
Local Law No.
1 - _................ of the year 19 8?...
.Alocallaw REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN ' OF
Owes Ws)
DANBY ..........................._.......................
Be it enacted by the ..... ...QWN BOARD .... of the
Mane d t.•sidesi•.Heft)
6wwy
•
.1 of DANBY an follows:
e
=AMBLE. This Local Law provides for the removal of junk,
as defined below, which is visible from other properties or from
the public roadways. While the primary, but not exclusive,
enforcement of this Law is contemplated to be at the Zoning •
Officer' s own instigation, the Zoning Officer may also make a
determination of whether or not this Law has been violated after
receiving a complaint from a neighbor or other person who is
directly or indirectly affected by the condition of a property.
It is expected that people will maintain their properties in a
responsible manner and that property owners will respond
sensitively and , responsibly to the concerns -of their neighbors.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS
• FOLLOWS:
Section 1. PURPOSE. The purpose of this Law is to protect
the health, safety, and welfare of the residents of the Town of
Danby, to protect the value of real property, and to promote and
perpetuate the attractive appearance of neighborhoods in the
community by .providing for the removal of junk in accordance with
the provisions below.
•
Section 2. PROHIBITED ACTS. .
(a) It shall be a violation of this Law for any owner or
other occupant or person charged with the maintenance of real
property in the Town of Danby to deposit, abandon, maintain,
keep, or allow to accumulate on his property, outside of any
building, any junk or material that, if thrown or deposited as
herein prohibited, tends to create a danger to the public health,
safety, and welfare, or creates degradation through unsightliness -
• or noisomeness.
(If additional space is needed, please attach sheets of the same size as this and number each)
Page 1
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2
(b) Classes of materials subject to regulation and
examples thereof are as follows:
I. Equipment or machinery intended for outdoor use,
such as automobiles, trucks, farm implements,
lawnmowers, campers, trailers, boats, or other
such devices, which ate in a state of disrepair or
are otherwise dilapidated, broken, abandoned, or
not in condition to be used for their original
purpose. In the case of vehicles or equipment
designed for use on the public-roadways, the
phrase "dilapidated, broken, abandoned, or not in
condition to be used for their original purpose"
shall be `defined as incapacity to meet the
requirements imposed by the State of New York for
legal use on such roadways.
II. Any equipment or appointments designed for indoor
use, such as stoves, refrigerators, washing
machines, furniture, etc: , or parts thereof, when
stored on any property for more than thirty (30)
days, at which time any such item shall be
presumed to be abandoned.
III. Nonbiodegradable rubbish or trash.
IV. Biodegradable trash, such as piles of brush,
leaves, weeds, etc. , when left in the front or
side yard of any property for more than thirty
(30) days. Compost piles that are discreetly
placed in a backyard are excluded from regulation
under this Law.
V. Construction or demolition debris if present for
more than one year.
The examples given above are not intended to be exhaustive and do
not limit the list of items that might be construed as belonging
to any of the above classes of materials. Further, the list of
classes and examples given above is not in limitation of the
prohibition in this section.
(c) 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 Law to
maintain on real property items of the kind and nature set forth
in subsection- (b) above if such items are stored inside a storage
structure or if they are stored in such a manner that they are
not visible to neighboring properties or from any public roadway,
except that this Law does not affect any further regulation now
existing in the Town Zoning Ordinance or any other local law or
any further regulation that is enacted after the effective date
of this Law of such storage of materials.
Duly licensed vehicle dismantlers, salvage pools, car
crushers, vehicle collectors, vehicle rebuilders, scrap
processors, scrap collectors, or repair shops (as those terms are
defined in Section 415-a of Article 16 of the Vehicle and Traffic
Law of the State of New York) in existence on the effective date
of this Law shall not be required to conform to the requirements
of nonvisibility. from any public roadway, but rather shall be
required to screen, by means of non-transparent fencing,
shrubbery, or the like, their operations at least from adjacent
r
3
roadways. In addition, such non-transparent screening shall be
required and shall be erected between these operations and any
adjoining property if the owner of such adjoining property
requests such screening. Such non-transparent screening shall be
construed to be an affirmative obligation under this Law, and the
refusal to erect the same when required shall be construed to be
a cause of a violation of this Law.
Section 3. VIOLATIONS.
(a) Fines apd imprisonment. A violation of this Law shall
be a violation as defined in Section 10.00 of the Penal Law of
the State of New York and shall be punishable by a fine not to
exceed Two Hundred and Fifty Dollars ($250.00) or a sentence of
imprisonment not to exceed fifteen (15) days in jail, or both.
Failure to eliminate the cause of a violation within thirty (30)
days of being found guilty of a violation of this Law shall
constitute a new and separate violation, as shall each thirty
(30) day period thereafter that the cause of the violation is not
eliminated. It is intended that fines and/or imprisonment recur
and increase in severity until the cause of the violation is
removed.
(b) Iniunctive Relief. . Imposition of a fine or
imprisonment in accordance with subsection (a) above shall not be
construed to be the exclusive remedy available to the Town under
this Law. The Town Board may authorize the commencement of a
proceeding in Supreme Court for injunctive relief if the cause of
a violation is not eliminated within thirty (30) days of a
finding that the condition of the property constitutes a
violation of this Law. Such proceeding may be pursued
concurrently with any enforcement proceeding under Section 4
below.
Section 4.
(a) Zoning Officer Procedure. The Zoning Officer of the
Town of Denby is hereby authorized to enforce the provisions of
this Law. The title "Zoning Officer" shall include any assistant
Zoning Officer that may be appointed by the Town Board.
(i) The Zoning Officer shall, on his normal business
about the Town, note and investigate any visually or
otherwise apparent violations of this Law. In addition, he
shall investigate any complaints received. Upon
determining that in his judgment this Law has been
violated, the Zoning Officer shall give the owner of the
real property or other person charged with the maintenance
of the property written notice setting forth notice of the
violation, including the nature of the violation and notice
of the provisions of this Law that have been violated, and
directing that the violation be terminated or corrected
within thirty (30) days of the date of such notice.
(ii) Service of such notice shall be made (A) by
delivering the notice personally to the owner, lessee,
occupant, or other person charged with the maintenance of
the property, or (B) by delivering it to a person of
suitable age and discretion at the actual place of
• business, dwelling place, or usual place of abode of the
person to be served, together with mailing a copy of the
notice to the person to be served at his last known
4
residence, or (C) by mailing such notice to the address of
the real property and to the address listed by the owner
for the receipt of tax bills (if different from the
property address) if personal service of such notice cannot
be made after a reasonable attempt. An affidavit of
service shall be completed in each case specifying the
person served and the date, time, address or place of
service (unless such service was made by mail) , and manner
of service and the affidavit shall be signed by the person
making such service.
(iii) 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 Zoning Officer shall file a written complaint, signed
by the complaining party if other than the Zoning Officer,
with a Town Justice specifying the conditions, acts, or
omissions constituting a violation, and the name and
address of the real property owner, lessee, occupant, or
other person charged with the maintenance of the property.
The Zoning Officer shall also file the affidavit of service
showing compliance with subsection (a) (i) and (ii) above.
Upon receipt of such a complaint, the Town Justice shall
issue an appearance ticket directing the person specified
in the notice of violation to appear in person in court; 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.
(b) Appeal of Finding of No Violation by Zoning Officer.
Any person who has filed a complaint with the Zoning Officer may
appeal to the Town Board at one of its regular meetings a case
where the Zoning Officer has issued a finding that no violation
of this Law has been found or refuses to act on that person' s
complaint. Supporting proof of the existence of the violation
cited (e.g. , photographs, affidavits from other neighbors, etc. )
may be provided by the person appealing to the Town Board. The
Town Board shall make any reasonable investigation that is deemed
necessary and shall arrive at a decision either to instruct the
Zoning Officer to process the complaint in accordance with
subsection (a) above or to dismiss the complaint.
Section 5. $FTECTIVE DATE. This Local Law supersedes the
Town of Danby Junk Car Law. This Law shall not be enforced until
60 days after its passage by the Town Board; this 60-day period
prior to enforcement is intended to give property owners an
opportunity to terminate and correct any violations of this Law
that might exist on their property. After the 60-day compliance
period, this Law shall apply to preexisting conditions and
violations as well as to new violations.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 1 of 1987
Geerrty •
of the .fin of DANBY was duly passed by the TOWN BOARD
•' C (Name of Legislative Body)
•
on February 9 19 8.7 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by-Elective Chief Executive. Officer,*'
or repassage after.disapproval.)
I hereby certify that the local law annexed hereto,designated ocal law No. of 19
County
of the City of was duly passed . the
Town (Name of Legislative Body)
Village
not r' : :pproved
on .19 and w approved by the
repassed after disapproval Elective Chief Executive Officer •
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly pas d by the
Town (Name of Legislative Body)
Village - no isapproved
on 19 and as approved by the
repassed after disapproval Elective Chief 5..xecutive Officer*
on 19 . Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and ceived the affirmative vote of a majority of the qualified electors voting
general
thereon at the specia election held on 19 , in accordance with the appli-
ann
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed heret esignated as local law No. of 19
County
of the City of was dul passed by the on
Town
Village (Name of Legislative Body)
not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer*
19 . Such local law being subject to a permissive referendum and no
valid petition requestin uch referendum having been filed, said local law was deemed duly adopted on
.19 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
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• 5 (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law No. of 19
of the City of having been submitted to referendum pursuant to the
provisions of §37 of the Niunicipal Home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on
general
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the
County of , State of New York, having been submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions 5.and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
l further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph 1 above.
a,(-66.,1
Qerk o the County legislative body.Gay,Town or*Ow Clerk or
officer designated by local legislative body
Date: February 20, 1987
(Seat) : -":
(Certification to be executed by 6pa ,.At aoy, Getrentir.n Cnun�pl, ,' iTfwa�_ �,�y
or other authorized Attorney of locality.) ���`77
STATE.OF NEW YORK
COUNTY OF I 0 vY4)1 S
•
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
•
C?(A.ANlAtt"_
Signature
..... . ...
Tice
Date:
4'21°117 `'\
eitY of tJ 0 -
Town
Ytttage
`Page 3
00
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
csin1 of DANBY
' Town
Waage
Local Law No. ..1 »..»....»....»..» of the year 19 8
A local law .... REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN OF
SANBY (t.ser%ltUU.)
Be it enacted by the »...».».» T2WN BOARD of the
plow.d Legislative Boer)
•
oralor
"" of DANBY
Town as follows:
1 AHRr. . This Local Law provides for the removal of junk,
as defined below, which is visible from other properties or from
the public roadways. While the primary, but not exclusive,
enforcement of this Law is contemplated to be at the Zoning
Officer' s own instigation, the Zoning Officer may also make a
determination of whether or not this Law has been violated after
receiving a complaint from a neighbor or other person who is
directly qr indireotly affected by the condition of a property.
It is expected that people will maintain their properties in a
responsible manner and that property owners will respond
sensitively and responsibly to the concerns of their neighbors.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS
FOLLOWS:
Section 1 . j'URPOSE. The purpose of this Law is to protect
the health, safety, and welfare of the residents of the Town of
Danby, to protect the value of real property, and to promote and
perpetuate the attractive appearance of neighborhoods in the
community by providing for the removal of junk in accordance with
the provisions below.
Section 2. IBOHIBITRD ACTS.
(a) It shall be a violation of this Law for any owner or
other occupant or person charged with the maintenance of real
property in the Town of Danby to deposit, abandon, maintain,
keep, or allow to accumulate on his property, outside of any
building, any junk or material that, if thrown or deposited as
herein prohibited, tends to create a danger to the public health,
safety, and welfare, or creates degradation through unsightliness
or noisomeness.
•
lf additional space is needed, please attach sheets of the same size as this and number each)
Page 1
•
2
•
(b) Classes of materials subject to regulation and
examples thereof are as follows:
I. Equipment or machinery intended for outdoor use,
such as automobiles, trucks, farm implements,
lawnmowers, campers, trailers, boats, or other
such devices, which ate in a state of disrepair or
are otherwise dilapidated, broken, abandoned, or
not in condition to be used for their original
purpose. In the case of vehicles or equipment
designed for use on the public/roadways, the
phrase "dilapidated, broken, abandoned, or not in
condition to be used for their original purpose"
shall be `defined as incapacity to meet the
requirements imposed by the State of New York for
legal use on such roadways.
II. Any equipment or appointments designed for indoor
use, such as stoves, refrigerators, washing
machines, furniture, etc. , or parts thereof , when
stored on any property for more than thirty (30)
days, at which time any such item shall be
presumed to be abandoned.
III. Nonbiodegradable rubbish or trash.
IV. Biodegradable trash, such as piles of brush,
leaves, weeds, etc. , when left in the front or
side yard of any property for more than thirty
(30) days. Compost piles that are discreetly
placed in a backyard are excluded from regulation
under this Law.
V. Construction or demolition debris if present for
more than one year.
The examples given above are not intended to be exhaustive and do
not limit the list of items that might be construed as belonging
to any of the above classes of materials. Further, the list of
classes and examples given above is not in limitation of the
prohibition in this section.
(c) 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 Law to
maintain on real property items of the kind and nature set forth
in subsection' (b) above if such items 'are stored inside a storage
structure or if they are stored in such a manner that they are
not visible to neighboring properties or from any public roadway,
except that this Law does not affect any further regulation now
existing in the Town Zoning Ordinance or any other local law or
any further regulation that is enacted after the effective date
of this Law of such storage of materials.
Duly licensed vehicle dismantlers, salvage pools, car
crushers, vehicle collectors, vehicle rebuilders, scrap
processors, scrap collectors, or repair shops (as those terms are
defined in Section 415-a of Article 16 of the Vehicle and Traffic
Law of the State of New York) in existence on the effective date
of this Law shall not be required to conform to the requirements
of nonvisibility from any public roadway, but rather shall be
required to screen, by means of non-transparent fencing,
shrubbery, or the like, their operations at least from adjacent
3
roadways. In addition, such non-transparent screening shall be
required and shall be erected between these operations and any
adjoining property if the owner of such adjoining property
requests such screening. Such non-transparent screening shall be
construed to be an affirmative obligation under this Law, and the
refusal to erect the same when required shall be construed to be
a cause of a violation of this Law.
Section 3. VIOLATIONS.
(a) Fjnep aDd imprisonment. A violation of this Law shall
be a violation as defined in Section 10. 00 of the Penal Law of
the State of New York and shall be punishable by a fine not to
exceed Two Hundred and Fifty Dollars ($250 .00) or a sentenoe of
imprisonment not to exceed fifteen (15) days in jail, or both.
Failure to eliminate the cause of a violation within thirty (30)
days of being found guilty of a violation of this Law shall
constitute a new and separate violation, as shall each thirty
(30) day period thereafter that the cause of the violation is not
eliminated. It is intended that fines and/or imprisonment recur
and increase in severity until the cause of the violation is
removed.
(b) Injunctive Relief. Imposition of a fine or
imprisonment in accordance with subsection (a) above shall not be
construed to be the exclusive remedy available to the Town under
this Law. The Town Board may authorize the commencement of a
proceeding in Supreme Court for injunctive relief if the cause of
a violation is not eliminated within thirty (30) days of a
finding that the condition of the property constitutes a
violation of this Law. Such proceeding may be pursued
concurrently with any enforcement proceeding under Section 4
below.
Section 4.
(a) Zoning Officer Procedure. The Zoning Officer of the
Town of Danby is hereby authorized to enforce the
provisions
this Law. The title "Zoning Officer" shall include any assistant
Zoning Officer that may be appointed by the Town Board.
(i) The Zoning Officer shall, on his normal business
about the Town, note and investigate any visually or
otherwise apparent violations of this Law. In addition, he
shall investigate any complaints received. Upon
determining that in his judgment this Law has been
violated, the Zoning Officer shall give the owner of the
real property or other person charged with the maintenance
of the property written notice setting forth notice of the
violation, including the nature of the violation and notice
of the provisions of this Law that have been violated, and
directing that the violation be terminated or corrected
within thirty (30) days of the date of such notice.
(ii) Service of such notice shall be made (A) by
delivering the notice personally to the owner, lessee.,
occupant, or other person charged with the maintenance of
the property, or (B) by delivering it to a person of
suitable age and discretion at the actual place of
• business, dwelling place, or usual place of abode of the
person to be served, together with mailing a copy of the
notice to the person to be served at his last known
•
•
4
residence, or (C) by mailing such notice to the address of
the real property and to the address listed by the owner
for the receipt of tax bills' (if different from the
property address) if personal service of such notice cannot
be made after a reasonable attempt. An affidavit of
service shall be completed in each case specifying the
person served and the date, time, address or place of
service (unless such service was made by mail ) , and manner
of service and the affidavit shall be signed by the person
making such service.
(iii) If the owner of the real
property or other
person charged with the maintenance of the property fails
to terminate or •aorrect the violation in the time provided,
the Zoning Officer shall file a written complaint, signed
by the complaining party if other than the Zoning Officer,
with a Town Justice specifying the conditions, acts, or
omissions constituting a violation, and the name and
address of the real property owner, lessee, occupant, or
other person charged with the maintenance of the property.
The Zoning Officer shall also file the affidavit of service
showing compliance with subsection (a) (i) and (ii ) above.
Upon receipt of such a complaint, the Town Justice shall
issue an appearance ticket directing the person specified
in the notice of violation to appear in person in court; 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.
(b) Appeal of Finding of No Violation by Zoning Officer.
Any person who has filed a complaint with the Zoning Officer may
appeal to the Town Board at one of its regular meetings a case
where the Zoning Officer has issued a finding that no violation
of this Law has been found or refuses to act on that person' s
complaint. Supporting proof of the existence of the violation
cited (e. g. , photographs, affidavits from other neighbors, etc. )
may be pr'ovided by the person appealing to the Town Board. The
Town Board shall make any reasonable investigation that is deemed
necessary and shall arrive at a decision either to instruct the
Zoning Officer to process the oomplaint in accordance with
subsection (a) above or to dismiss the complaint.
Section 5. EFFKCTIVE DATE. This Local Law supersedes the
Town of Danby Junk Car Law. This Law shall not be enforced until
60 days after its passage by the Town Board; this 60-day period
prior to enforcement is intended to give property owners an
opportunity to terminate and correct any violations of this Law
that might exist on their property. After the 60-day compliance
period, this Law shall apply to preexisting conditions and
violations as well as to new violations.
• Date: 4/16/87
Dear Sir/Madam:
Please be advised that Local Law(s)No. 1
of 1987 of the Town-'of Danby
was/were received and filed on 3/3/87
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602.004(12/82)
NYS Department of State BA 0�1,� �= • `f
Bureau of State Records . P.' 4')- `+r'. -T7-I--• •YAI !J S.POSIAGE lif
162 Washington Avenue ( APR 17'87 Y"-.P A I R1
Albany, NY 12231 " °�, Q i . - °`�
Als i+.b.MEIEH: .
6109058 a,
Town Clerk •
Town of Danby
1830 Danby Road
Ithaca, NY 14850
I ti 1 7 I 1 ii I i
ifu llall��ll,l!!1Il:ll I,1
•
•
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RESOLUTION #11 ;RESOLVED THAT THE TOWN BOARD ACCEPT
LOCAL LAW REGULATING MAINTENANCE OF
REAL PROPERTY IN THE TOWN OF DANBY
WHEREAS;' 'the':regul:ar 'meeti'ng.`of the Town Board of the Town OF;:Danby was
held, at the Danby Town Hall, 1830 Danby Road, Town of Danby, Tompkins
County, New York on February 9, 1987.
Moved by: Councilman Ric Dietrich
Seconded by : Councilperson Dorothy Roberts
5
Roll Call vote: Councilman Ric Dietrich - aye
Councilperson Dorothy Roberts - aye
Councilman Edward Shay - aye
• Councilperson Julia Taglivento - aye
Supervisor Donald Burdick - aye
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
I, the undersigned Clerk of the Town of Danby, a:.muni•cipa.l corporation
of the county of Tompkins, State of New York, do hereby CERTIFY that the foregoing
is a true and complete copy of a resolution duly adopted by the Town and recorded
in the minutes of a meeting of said Board duly adopted February 9, 1987 and not
subsequently recinded or modified.
IN*-WITNESS THEREOF, Ihave hereunto subscribed my name as Clerk of the
Town of Gar •y,i thi's. 14th day of February, 1987.
ti
//_
jy" Jo.n Babbitt, Town Clerk
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Gis! of ' DANBY
Town
Wimp
Local Law No. ..1 ...................... of the year 19 8?...
.A local law ....REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN• OF
DANEY alma goo
•
•
Be it enacted by the ...................TOWN...BOARD ..._.__..............»_ of the
twos d L.Sf.1o;.o Holy)
•
Cooney
Town
of DANBY as follows:
Pte. This Local Law provides for the removal of junk,
as defined below, which is visible from other properties or from
the public roadways. While the primary, but not exclusive,
enforcement of this Law is contemplated to be at the Zoning
Officer' s own instigation, the Zoning Officer may also make a
determination of whether or not this Law has been violated after
receiving a complaint from a neighbor or other person who is
directly gr indireotly affected by the condition of a property.
It is expected that people will maintain their properties in a
responsible manner and that property owners will respond
sensitively and responsibly to the concerns of their neighbors.
•
•
•
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANDY AS
FOLLOWS:
Section 1 . PURPOSE. The purpose of this Law is to protect
the health, safety, and welfare of the residents of the Town of
Denby, to protect the value of real property, and to promote and
perpetuate the attractive appearance of neighborhoods in the
community by providing for the removal of junk in accordance with
the provisions below.
Section 2. PROBIBITKD ACTS. .
(a) It shall be a violation of this Law for any owner or
other occupant or person charged with the maintenance of real
property in the Town of Danby to deposit, abandon, maintain,
keep, or allow to accumulate on his property, outside of any
• building, any junk or material that, if thrown or deposited. as
herein prohibited, tends to create a danger to the public health,
safety, and welfare, or creates degradation through unsightliness
or noisomeness.
(If additional s.ace is needed 'lease attach sheets of the same size as this and number each)
Page 1
•
•
I.
2
(b) Classes of materials subject to regulation and
examples thereof are as follows:
I. Equipment or machinery intended for outdoor use,
such as automobiles, trucks, farm implements,
lawnmowers, campers, trailers, boats, or other
such devices, which ate in a state of disrepair or
are otherwise dilapidated, broken, abandoned, or
not in condition to be used for their original
purpose. In the case of vehicles or equipment
designed for use on the public-/roadways, the
phrase "dilapidated, broken, abandoned, or not in
condition to be used for their original purpose".
shall be -defined as incapacity to meet the
requirements imposed by the State of New York for
legal use on such roadways.
II. Any equipment or appointments designed for indoor
use, such as stoves, refrigerators, washing
machines, furniture, etc. , or parts thereof, when
stored on any property for more than thirty (30)
days, at which time any such item shall be
presumed to be abandoned.
III. Nonbiodegradable rubbish or trash.
IV. Biodegradable trash, such as piles of brush,
leaves, weeds, etc. , when left in the front or
side yard of any property for more than thirty
(30) days. Compost piles that are discreetly
placed in a backyard are excluded from regulation
under this Law.
V. Construction or demolition debris if present for
more than one year.
The examples given above are not intended to be exhaustive and do
not limit the list of items that might be construed as belonging
to any of the above classes of materials. Further, the list of
classes and examples given above is not in limitation of the
prohibition in this section.
(c) 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 Law to
maintain on real property items of the kind and nature set forth
in subsection (b) above if such items are stored inside a storage
structure or if they are stored in such a manner that they are
not visible to neighboring properties or from any public roadway,
except that this Law does not affect any further regulation now
existing in the Town Zoning Ordinance or any other local law or
any further regulation that is enacted after the effective date
of this Law of such storage of materials.
Duly licensed vehicle dismantlers, salvage pools, car
crushers, vehicle collectors, vehicle rebuilders, scrap
processors, scrap collectors, or repair shops (as those terms are
defined in Section 415-a of Article 16 of the Vehicle and Traffic
Law of the State of New York) in existence on the effective date
of this Law shall not be required to conform to the requirements
of nonvisibility from any public roadway, but rather shall be
required to screen, by means of non-transparent fencing,
shrubbery, or the like, their operations at least from adjacent
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roadways. In addition, such non-transparent screening shall be
required and shall be erected between these operations and any
adjoining property if the owner of such adjoining property
requests such screening. Such non-transparent screening shall be
construed to be an affirmative obligation under this Law, and the
refusal to erect the same when required shall be construed to be
a cause of a violation of this Law.
Section 3. VIOLATIONS.
(a) Fines and imprisonment. A violation of this Law shall
be a violation as defined in Section 10. 00 of the Penal Law of
the State of New York and shall be punishable by a fine not to ..
exceed Two Hundred and Fifty Dollars ($250 .00) or a sentence of
imprisonment not to exceed fifteen (15) days in jail, or both.
Failure to eliminate the cause of a violation within thirty (30)
days of being found guilty of a violation of this Law shall
oonatitute a new and separate violation, as shall each thirty
(30) day period thereafter that the cause of the violation is not
eliminated. It is intended that fines and/or imprisonment recur
and increase in severity until the cause of the violation is
removed.
(b) In_ipnctive Relief. Imposition of a fine or
imprisonment in accordance with subsection (a) above shall not be
construed to be the exclusive remedy available to the Town under
this Law. The Town Board may authorize the commencement of a
proceeding in Supreme Court for injunctive relief if the cause of
a violation is not eliminated within thirty (30) days of a
finding that the condition of the property constitutes a
violation of this Law. Such proceeding may be pursued
concurrently with any enforcement proceeding .under Section 4
below.
Section 4. ENEMISUM
(a) Zoning Officer Procedure. The Zoning Officer of the
Town of Danby is hereby authorized to enforce the provisions of
this Law. The title "Zoning Officer" shall include any assistant
Zoning Officer that may be appointed by the Town Board.
(i) The Zoning Officer shall, on his normal business
about the Town, note and investigate any visually or
otherwise apparent violations of this Law. In addition, he
shall investigate any complaints received. Upon
determining that in his judgment this Law has been
violated, the Zoning Officer shall give the owner of the
real property or other person charged with the maintenance
of the property written notice setting forth notice of the
violation, including the nature of the violation and notice
of the provisions of this Law that have been violated, and
directing that the violation be terminated or corrected
within thirty (30) days of the date of such notice.
(ii) "Service of such notice shall be made (A) by
delivering the notice personally to the owner, lessee',
occupant, or other person charged with the maintenance of
the property, or (B) by delivering it to a person of
suitable age and discretion at the actual place of
' business, dwelling place, or usual place of abode of the
person to be served, together with mailing a copy of the
notice to the person to be served at his last known
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residence, or (C) by mailing such notice to the address of
the real property and to the address listed by the owner
for the receipt of tax bills' (if different from the
property address) if personal service of such notice cannot
be made after a reasonable attempt. An affidavit of
service shall be completed in each case specifying the
person served and the date, time, address or place of
service (unless such service was made by mail) , and manner
of service and the affidavit shall be signed by the person
making such service.
(iii) 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 Zoning Officer shall file a written complaint, signed
by the complaining party if other than the Zoning Officer,
with a Town Justice specifying the conditions, acts, or
omissions constituting a violation, and the name and
address of the real property owner, lessee, occupant, or
other person charged with the maintenance of the property.
The Zoning Officer shall also file the affidavit of service
showing compliance with subsection (a) (i) and (ii). above.
Upon receipt of such a complaint, the Town Justice shall
issue an appearance ticket directing the person specified
in the notice of violation to appear in person in court; 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.
(b) Appeal of Findina of No Violation by Zoning Officer.
Any person who has filed a complaint with the Zoning Officer may
appeal to the Town Board at one of its regular meetings a case
where the Zoning Officer has issued a finding that no violation
of this Law has been found or refuses to act on that person' s
complaint. Supporting proof of the existence of the violation
cited (e.g. , photographs, affidavits from other neighbors, etc. )
may be provided by the person appealing to the Town Board. The
Town Board shall, make any reasonable investigation that is deemed
necessary and shall arrive at a decision either to instruct the
Zoning Officer to process the oomplaint in accordance with
subsection (a) above or to dismiss the complaint.
Section 5. EFFECTIVE DATE. This Local Law supersedes the
Town of Danby Junk Car Law. This Law shall not be enforced until
60 days after its passage by the Town Board; this 60-day period
prior to enforcement is intended to give property owners an
opportunity to terminate and correct any violations of this Law
that might exist on their property. After the 60-day compliance
period, this Law shall apply to preexisting conditions and
violations as well as to new violations.
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 1 of 1987
Grimly
of the City of DANBY was duly passed by the TOWN BOARD
Town (Name of Legislative Body)
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on February 9 19 87 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by-Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated = - ocal law No. of 19
County .
of the City of f was duly passed • the
Town y p (Name of Legislative Body)
Village
not •' : :pproved
• on .19 and w approved by the
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly pas: -d by the
Town (Name of Legislative Body)
Village no •isapproved
on 19 and 'as approved by the
repassed after disapproval Elective Chief Cacecutive Officer
on a 19 . Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and ceived the affirmative vote of a majority of the qualified electors voting
general
thereon at the specia election held on 19 , in accordance with the appli-
ann .
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed heret , esignated as local law No. of 19
County
of the City of was dul passed by the on
Town
Village (Name of Legislative Body)
not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer*
19 . Such local law being subject to a permissive referendum and no
valid petition requestin uch referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
•Elective Chief Executive Officer means or indudes the chief executive officer of a county elected on a county-wide basis
or,if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
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5. (City local law concerning Charter revision proposed by petition.)
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I hereby certify that the local law annexed hereto,designated as local law No. of 19
of the City of having been submitted to referendum pursuant to the
provisions of §37 of the Aiunicipal Home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the general election held on
general
19 became operative.
6. (County local law concerning adoption of Charter.)
• I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the
County of , State of New York, having been submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions 5.and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
• finally adopted in the manner indicated in paragraph 1 above.
(L.,4yrc.) Za__Y, -
Clerk o the County legislative body,Gyp,Town or Whig,Clerk or
officer designated by local legislative body
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Date: February 20, 1987
(Seep -
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(Certification to be executed by ey, G .poisali a r,,,,,, ol, Wewa-Attmtteyv Vi irtge- Attetney
or other authorized Attorney of locality.)
STATE.OF NEW YORK
COUNTY OF I vvyy-l4t-S
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
(2t/I'LlAi 0110/1VAN'‘Ar
Signature
6 7 1 r. 1A . ..(. k t.T r .t?.f1 .�?...
Title
Date: 426/"
Dirty of `-✓�'`-
Town
WUsge
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