[Adopted 5-27-1998 by L.L. No. 2-1998 (Ch. 23A, Art. II, 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 protect their property by prohibiting the inappropriate use of trucks, truck bodies, horse trailers or semitrailers as storage facilities or for storage units on premises situate in any residential, business or marine business zoning district in the Town of Newfane.
A. 
The use of trucks, trailers, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies and similar vehicles or units, whether licensed or not, for storage purposes is prohibited.
B. 
The use of trucks, trailers, truck bodies, truck trailers, horse trailers, semitrailers, tank trucks, tanker bodies or similar vehicles or units, whether licensed or not, for storage of materials or as a storage unit or for any storage purposes in any manner whatsoever on any premises situate in a residential, business or marine business zoning district of the Town of Newfane is prohibited, except for temporary use for construction purposes for periods of less than 90 days or when actively used in connection with active farming or agricultural operations.
C. 
It shall be unlawful and a violation of this article for any person to permit the use of trucks, truck bodies, truck trailers, trailers, horse trailers, semitrailers, tank trucks or tanker bodies or similar vehicles or units for the storage of materials or as storage units or for any storage purposes, whether licensed or not, in any manner whatsoever, in any residential, business or marine business zoning district of the Town of Newfane except as provided in this article.
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 truck, trailer, truck body, horse trailer, truck trailer, semitrailer or similar vehicles or units used for unlawful storage purposes within seven days after notice of such violation by the Budding 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 used truck, trailer or unit 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 for each and every separate violation.
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.