Town of Busti, NY
Chautauqua County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Busti 8-3-1998 by L.L. No. 4-1998 (Art. 35 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 223.
Junked vehicles — See Ch. 386.
Zoning — See Ch. 405.

§ 270-1 Title.

This chapter shall be known as the "Local Law Providing for Licensing and Regulating Junk and Junkyards" and shall constitute Chapter 270 of the Town of Busti Code.

§ 270-2 Legislative intent.

A. 
In the Town of Busti, damaged, worn out, scrapped or discarded materials or objects, such as automobiles and other vehicles, building materials, machinery, metal, wastepaper, rags, glassware, tinware and plastic, have been or are or in the future may be stored, stocked or used in a dangerous or unsanitary manner on lands, yards, junkyards or other places within the Town;
B. 
The places in which damaged, worn out, scrapped or discarded materials or objects have been, are or may in the future be stored tend to become overgrown with weeds, littered with rubbish and debris, and infested with rats, mice, insects, reptiles and other vermin;
C. 
Such conditions tend to attract children and other people and endanger their lives and health, safety and welfare, spread disease, invite plundering, attract vagrants, create fire hazards and other health and safety hazards, create, extend and aggravate blight, interfere with the use and enjoyment of and reduce the value of private property, and interfere with the comfort and well-being of the public;
D. 
Thieves and receivers of stolen property frequently attempt to dispose of stolen property by representing it to be legitimately acquired junk, scrap or debris; and
E. 
Adequate protection of public health, safety and welfare of the inhabitants, visitors and guests in the Town of Busti requires that the business of handling and dealing in junk be regulated and controlled.
F. 
Therefore, it is the intent of the Town Board of the Town of Busti that a clean, wholesome, attractive community and environment is declared to be of importance to the health, safety and welfare of the inhabitants and the safeguarding of the material rights against unwarrantable invasion; and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of the inhabitants. It is further declared that the unrestrained accumulation of junk, vehicles, building materials, machinery, metal, wastepaper, rags, glassware, tinware and plastic, among others, is a hazard to such health, safety and welfare of the inhabitants of the Town of Busti, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards in a suitable location, as hereinafter defined, can serve a useful purpose and may need to be accommodated when not in conflict with the express purpose of this action.

§ 270-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
INOPERATIVE MOTOR VEHICLE
A used vehicle no longer intended or in condition for legal use on a public highway. Lack of a current New York State inspection sticker shall constitute prima facie evidence that such motor vehicle is inoperative.
JUNK
Used iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in the same or alternate form; salvage materials, including old wood products, used machinery, engines, machinery and parts, whether dismantled or not; and motor vehicles including trailer and mobile homes no longer used as such, whether for the purpose of resale or used parts or components therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose; but "junk" shall not include materials or objects held and used by a manufacturing process.
JUNKYARD
Includes, but is not limited to include, an automobile or vehicle salvage yard; an automobile or vehicle reduction yard; a motor vehicle junkyard; an automobile or vehicle wrecking establishment; an automobile or vehicle graveyard; a scrap metal processing yard or facility; a vehicle dismantling yard or facility; a mechanical disassembly yard or facility; or any premises, establishment, place of business, or lot, lands or structure, covered or uncovered if outdoors, whether in connection with another legitimate business or not, which is used for the collecting, storing, keeping, buying, selling, exchanging, dismantling, handling, compacting, baling, shredding, processing or salvaging of junk or salvage. Storage of three or more inoperative motor vehicles other than in a fully enclosed building shall constitute a "junkyard."
JUNKYARD AREA
That portion of any piece of property used in the operation of a junkyard.
MOTOR VEHICLE
All passenger automobiles, trucks, trailers, buses, motorcycles, tractors, bulldozers, machinery and equipment, drawn by power other than muscle power, originally intended for use on public highways, racetracks, dirt roads, mines, airports, quarries, construction sites or farms. Off-road farm equipment stored and used on farm premises that is operable is exempt from this definition.
PERSON
Any individual, firm, association, partnership, corporation, company or organization of any kind.

§ 270-4 License and certificate of approval required.

A. 
No person, whether personally, by agents or employees, singularly or along with some other business or enterprise, shall operate, establish or maintain a junkyard until he, she or it has obtained a license to operate such junkyard and has obtained a certificate of approval for the location of such junkyard.
B. 
No landowner shall permit, allow, tolerate or consent to the operation of a junkyard on his, her or its property until such landowner or junkyard operator has obtained a license to operate such junkyard and has obtained a certificate of approval for the location pursuant to the terms of this chapter.
C. 
No junkyard, except those referred to in § 270-14 hereof, shall be allowed in any portion of the Town except in that portion of the CAMP (Conservation/Agricultural/Mobile Home Park) District, as defined by the Town of Busti Zoning Code, Chapter 405 of the Code, which is bounded as follows: on the north by Kortwright Road, on the west by the Town of Harmony, on the east by Wellman Road, and on the south by the Commonwealth of Pennsylvania.

§ 270-5 Application for license and certificate of approval.

Application for license under this chapter shall be made in writing to the Town Board and filed with the Town Clerk. The application shall be signed by the property owner and junkyard operator, if an individual; by all partners, if a partnership; by the president or chief officer, if a corporation or other organization; and shall be made upon forms provided by the Town Clerk. Such application shall provide the following information or material:
A. 
The name, residence, address and telephone number of each individual property owner and operator, partner or, if a corporation or other organization, each officer and director.
B. 
The trade name and address and telephone number of the business on behalf of which the application is made.
C. 
The exact address and location of the place where the business is or is proposed to be carried on, plus a survey and proposed site plan of the premises to be used, giving the precise location of all fencing, buildings, water, sewer and gas mains or laterals, and the general drainage pattern of the land. Such survey shall also show the precise portion of the property that may be devoted to the operation of a junkyard. In the event that additional premises are used for junk storage and if such premises were not included in the previous application, the applicant is required to file a supplementary application including all of the information as herein required and in the same form and subject to the same conditions as the original application. If such supplementary application is duly approved, a supplementary license will be issued.
D. 
The zoning classification in which each of the premises described in Subsection C hereof is situated.
E. 
A statement as to whether each of said premises described in Subsection C hereof complies in all respects with the Zoning and Building Codes of the Town of Busti.
F. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance or any violation of Article 6 of the General Business Law of the State of New York.
G. 
The location of all premises where said applicant stores junk, permanently or temporarily, in the Town of Busti.
H. 
The name(s) and address(es) of the owner or owners of the real property and the nature of the right under which the applicant possesses said property.
I. 
Whether applicant has obtained a valid junk dealer's license under Article 6 of the New York State General Business Law.
J. 
Whether the application is for a temporary or permanent license.

§ 270-6 Hearing on applications.

A hearing on the application shall be held by the Town Board within the Town not less than four nor more than six weeks from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the Town, which publication shall be not less than seven days before the date of the hearing.

§ 270-7 Licensing standards.

At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall be taken into account the applicant's ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, any record of convictions for any felony charge of larceny or receiving of stolen goods, and to any other matter within the purpose of this section. The Town Board may approve the application only upon the determination that the applicant has complied with all zoning, fire and building code and/or site plan requirements of the Town of Busti.

§ 270-8 Location standards.

At the time and place for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon the same, it shall take into account, after proof of legal ownership or right to such use of property for the license period by the applicant, the zoning district in which the property is located, the nature and development of surrounding property, such as the proximity of churches, public buildings or other places of public gathering, and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or of other causes.

§ 270-9 Aesthetic standards.

At the hearing regarding the location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road serving the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.

§ 270-10 Determination of Town Board.

After the hearing, the Town Board shall within two weeks make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approval of location, shall be forthwith issued to remain in effect until December 31 of the year. Approval shall be personal to the applicant at the specific location applied for and not assignable. Licenses shall be renewed without hearing, provided that all provisions of this chapter are complied with during the license period, that the junkyard does not become a public nuisance under the common law and that the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.

§ 270-11 Duration; renewal; display.

Such license, except a temporary license, shall be effective from the date of its issuance until the 31st day of December of the year of such issuance, upon which date such license shall expire. An applicant for a renewal license shall file with the Town Clerk a written application upon forms provided by such Town Clerk. Such license, issued pursuant to this chapter, shall be plainly displayed on the business premises.

§ 270-12 License not transferable; compliance with zoning.

A. 
No license issued under this chapter shall be transferred or assigned or used by any person other than the one to whom it was issued, and no junk dealer's license shall be used at any location other than the one described in the application for which it was issued.
B. 
The granting of a license in no way guarantees that the licensee may operate a junkyard. No junkyard license shall be effective unless the junkyard is in compliance with Chapter 405, Zoning, of the Code of the Town of Busti.

§ 270-13 Junkyard regulations.

A. 
Each junkyard shall be located wholly within a building or shall be completely enclosed within a fence with entrance only through a suitable gate, which shall be locked except when the junkyard is staffed and open for business. The fence gate shall not be wider than reasonably necessary for the conduct of the licensed business. The building exterior or fence facing any public highway, street or road, and for the first 200 feet back from the point where such building or fence turns substantially away from the street, road or highway, shall be opaque and constructed of wood or similar material and, if a fence, shall be at least six feet in height. Any fence shall be erected no nearer than 50 feet from the closest edge of the highway and not nearer than 100 feet from any existing dwelling on neighboring property and no nearer than 25 feet from each property line. Where the topography, natural growth of timber or other considerations accomplish the purposes of the chapter in the whole or in part, the fencing requirements hereunder may be waived or modified by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
B. 
Inside, adjacent to and continuous with such above-referenced fence, an applicant shall maintain a strip of land at least 10 feet in width which shall be kept free of all junk or other obstruction so as to provide a fire road around the entire area where business activity is conducted.
C. 
All motor vehicles of any kind whatsoever and parts thereof and all junk as hereinabove described, stored either permanently or temporarily by the applicant, shall be kept within the enclosure of the junkyard except for reasonable transportation of same, which shall then be conducted only during reasonable business hours.
D. 
No motor vehicles or other junk shall be piled to any height above six feet.
E. 
The junkyard, together with all things therein, shall at all times be maintained in a sanitary condition and arranged in neat rows so as to permit easy, clear passage and inspection of the premises and to ensure easy access in the event of fire or contamination by environmental hazard.
F. 
No garbage or other waste liable to give of a foul odor or attract vermin shall be kept on the premises, nor shall any refuse or garbage of any kind be kept on the premises unless such is junk as defined herein and is in use in the licensed business.
G. 
No junk or other material shall be burned on the premises, except in accordance with the other applicable provisions of the law governing the burning of refuse or junk.
H. 
No junkyard shall be allowed to become a nuisance, nor shall any junkyard be operated in such a manner as to become injurious to the health or safety of the community or of any residents.
I. 
No closed drums, barrels, tanks or other vessels containing any kind of liquid shall be stored outdoors at any time, except those tanks used regularly in the conduct of the applicant's business and in compliance with all applicable regulations.
J. 
A licensee shall permit inspection of the business premises by any representative of the Town Board or Town Code Enforcement Officer or their agents or employees upon 72 hours' notice.
K. 
Sufficient off-street parking shall be provided for the licensee's customers.

§ 270-14 Existing junkyards.

For the purposes of this section of this chapter only, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license, but nothing herein contained shall constitute approval under Chapter 405, Zoning, which requires approval and compliance separate and apart from this chapter. Within 60 days from the date this chapter shall take effect, however, the owner shall furnish the Town Board the information as to location which is required in an application, and the governing board shall issue him, her or it a license valid for the remainder of the calendar year. A licensee may apply for one additional six-month period to come into compliance if considerable process toward compliance can be shown after a five-month period. Such license shall be renewed only upon satisfactory proof that all provisions of this chapter, including the fencing requirements have been fully complied with, except that the setback and boundary line dimension provisions may, in the discretion of the Town Board, be waived or modified based upon a finding that no neighboring property or the public at large is harmed or prejudiced by such waiver or modification.

§ 270-15 Inspections.

A. 
The inspecting officer (Code Enforcement Officer) or his duly authorized representative shall inspect the junkyards of all junk dealers licensed under this chapter at least once a year to determine whether such yards are being operated in accordance with the provisions of this chapter and other applicable provisions of law.
B. 
No person shall refuse entry to the Town Code Enforcement Officer or other Town officer attempting to enter any premises for the purpose of inspection. Such entry shall be permitted not only to areas open to the public but also to all other areas, provided that no employee shall be required to accompany any officer in any area that the employee deems to be dangerous if the employee tells the inspector or officer that the area is, in the employee's opinion, dangerous.

§ 270-16 Enforcement; notice of violation.

[Added 9-17-2001 by L.L. No. 4-2001]
A. 
Whenever the Town Code Enforcement Officer shall declare that any property shall be in violation of this chapter, he shall issue a notice of violation to the owner, tenant or occupant in control of or in possession of such property that specifies the provision of law being violated, outlines the facts constituting such violation and the manner in which it must be corrected, and sets the date by which the violation must be corrected.
B. 
All written notices under this section shall be served on the owner, tenant or occupant by posting a copy of such violation notice upon the front portion of the affected property or upon the main structure and by mailing a copy of such notice by ordinary mail to the owner of the property as shown on the latest assessment roll of the Town.

§ 270-17 Penalties for offenses.

A. 
The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For each violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In addition to the above-provided penalties and punishments, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
D. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $1,000 for each such offense.
E. 
Conviction for any above-mentioned violation shall constitute and may effect a forfeiture of the license after a hearing by a designee of the Town Board on due notice to the applicant.
F. 
If any junk is stored or placed in any part of the operator's property other than that designated for such purpose on that person's application without first supplementing such application, the junkyard license shall be revoked.
G. 
Failure to comply with the direction of the Code Enforcement Officer of the Town of Busti when notice has been provided in accordance with § 270-16 shall constitute a separate and distinct offense hereunder.
[Added 9-17-2001 by L.L. No. 4-2001]

§ 270-18 Hearing; removal by Town; charges.

[Added 9-17-2001 by L.L. No. 4-2001]
A. 
Upon the failure of an owner, tenant or occupant to comply with a notice to correct a condition complained of, the Town Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the front portion of the affected property or upon the main structure and forwarded to the last known address of the property owner as shown on the latest assessment rolls of the Town, by certified mail, return receipt requested. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.
B. 
The Town Board, after a public hearing as provided in Subsection A, may cause any condition that exists in violation of this chapter to be removed from any property within the Town of Busti upon the failure of such owner, tenant or occupant to comply with any order of the Town Board. Said removal may be performed by the Superintendent of Highways or other designee, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
C. 
The removal of any condition in violation of this chapter by the Town of Busti or its agents shall not operate to excuse such owner, tenant or occupant from properly maintaining any premises as required by this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any other penalties set forth herein.