[Adopted 5-27-1998 by L.L. No. 1-1998 (Ch. 23A, Art. I, of the 1971 Code)]
It is the purpose and intent of this article to promote the health, safety and welfare of the inhabitants of the Town of Newfane and to protect their property by prohibiting the accumulation of rubbish and debris and the outside storage of materials on premises situate in any residential, business and marine business zoning district within the Town.
A. 
The accumulation of rubbish and debris upon any premises situate in a residential, business or marine business zoning district in the Town of Newfane is prohibited.
B. 
It shall be unlawful and a violation of this article for any person to permit the accumulation of rubbish and debris upon any premises situate in any residential, business or marine business zoning district of the Town of Newfane.
A. 
The outside storage of materials upon any premises situate in any residential, business or marine business zoning district in the Town of Newfane is prohibited as hereinafter set forth.
B. 
It shall be unlawful and a violation of this article for any person to permit the outside storage of any materials of any nature whatsoever, including but not limited to business inventory, including stock, supplies, raw materials and production materials; appliances; equipment; and boats or motor vehicles, whether derelict, disabled, operable or inoperable, usable or unusable, upon any premises situate in a residential, business or marine business zoning district of the Town of Newfane, with the following exceptions:
(1) 
A marina business may provide seasonal outside storage of boats during winter months (October, November, December, January, February, March and April) and temporary outside storage of boats being sold or displayed for sale or actively undergoing repairs, servicing, launching or retrieval.
(2) 
Farming or agricultural supplies, harvests, produce or materials on farms actually being farmed.
(3) 
Boats and motor vehicles, including pickup trucks, sport utility vehicles, recreational vehicles and utility trailers, which have been registered and inspected within the last 12 calendar months.
[Amended 6-23-2021 by L.L. No. 3-2021]
(4) 
Business stock or inventory displayed for sale or business stock, inventory or material temporarily stockpiled for processing, transportation or sale, provided that the same is reasonable in amount, number or volume for the premises or business involved, is maintained in an orderly, safe and secure manner and that it does not unreasonably interfere with the rights of neighboring or adjacent landowners to lawfully use, enjoy or occupy their premises.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes one or more natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
RUBBISH and DEBRIS
Includes but is not limited to junk, derelict motor vehicles, derelict boats, trash, used appliances, used spare parts, used equipment of any type which does not appear to be serviceable, scrap cartons, boxes, containers and tires, scrap paper and any other items of like or similar nature.
A. 
It shall be the duty of every person, occupant, tenant or person in control of land within any residential, business or marine business zoning district to remove any unlawful accumulation of rubbish and debris within seven days after notice of such violation by the Building Inspector or the Ordinance Enforcement Officer.
B. 
If, after seven days' notice, the person so notified shall refuse, fail or neglect to remove the unlawful accumulation of rubbish and debris from his premises, the Building Inspector may direct the removal of such accumulation by Town employees or by an independent contractor hired for that purpose.
C. 
The total cost of such removal, together with an administration fee of $150, whether by Town employees or an independent contractor, shall be assessed by the Town Board against the real property upon which such unlawful accumulation was found. 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.
D. 
If the owner of said lands is a nonresident, a notice to remove an unlawful accumulation of rubbish and debris mailed to such owner at his last known address shall be sufficient service thereof.
A. 
It shall be the duty of every person, occupant, tenant or person in control of land within any residential, business or marine business zoning district to remove any unlawful outside storage of materials within seven days after notice of such violation by the Building Inspector or the Ordinance Enforcement Officer.
B. 
If, after seven days' notice, the person so notified shall refuse, fail, or neglect to remove the unlawfully stored materials from the premises, the Building Inspector may direct the removal of the same by Town employees or by an independent contractor hired for that purpose.
C. 
The total cost of such removal, together with an administrative fee of $150, whether by Town employees or an independent contractor, shall be assessed by the Town Board against the real property upon which such unlawful storage was found. 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.
D. 
If the owner of said lands is a nonresident, a notice to remove unlawfully stored materials, mailed to such owner at his last known address, shall be sufficient service thereof.
A. 
Any person who shall violate this article shall be subject to the following civil penalties:
(1) 
On the first violation: a fine not to exceed $100.
(2) 
On the second violation: a fine not to exceed $250.
(3) 
On the third violation and any subsequent violation: a fine not to exceed $500 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 2-26-2003]
B. 
Each week a violation continues shall be a separate violation.
C. 
In addition to any fine imposed, the Town of Newfane may maintain an action or proceeding in any court of competent jurisdiction for a temporary restraining, preliminary injunction or permanent injunction to enjoin the violation of this article or to compel compliance therewith as authorized by § 135 of the Town Law.
Any storage permitted by this article shall also be in compliance with applicable provisions of the Zoning Ordinance of the Town of Newfane, including setback requirements, height restrictions and/or any other limitations.