[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 12-5-1949; amended in its entirety 7-19-2010 by L.L. No. 1-2010.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Trailer Ordinance."
It is the purpose of this chapter to regulate travel trailers,
storage trailers, temporary construction trailers, house trailers
and camping structures within the Village of Brockport. The Board
of Trustees does hereby declare that this chapter is adopted in the
interest of public health and safety of the inhabitants of the Village
of Brockport, to prevent nuisances and to generally protect the welfare
of the public.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Shall be deemed to include the Code Enforcement Officer and
all inspectors employed by the Village of Brockport, as certified
by the State of New York State either in the capacity of code enforcement
officer, building inspector or fire marshal, and/or titled as the
assistant code enforcement officer, assistant building inspector,
deputy fire marshal, or any combination thereof.
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator, or any
combination thereof.
A written order for the remedying of found violation(s) of the chapter(s), pursuant to § 51-7.
A trailer with or without wheels that is used exclusively
as a temporary field office/offices and may also be secondhand to
store construction material at a bona fide construction site.
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet or more in width or 40 body
feet or more in length or, when erected on a site, is 320 or more
square feet, which is built on a permanent chassis and designed to
be used as a dwelling with or without a permanent foundation when
connected to required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein.
A motor vehicle that has facilities for cooking, living and
sleeping.
A motorized wheeled vehicle used for camping or other recreational
activities and often equipped with living facilities.
A transportable box, whether with wheels, such as a freight
trailer, or without wheels, such as a shipping container.
Any portable container, receptacle or device of a type commonly
used for the temporary storage of personal property, and specifically
including those storage facilities generally referred to as a "portable
on demand storage unit."
Any nonvehicular structure constructed of canvas or other
lightweight material, used for human habitation on a short-term basis,
with or without walls and supported by poles and/or ropes with pegs
and stakes fastened to the ground.
Any lot, parcel or ground whereon one or more house trailers,
tents or tent houses are permanently placed or fixed in one location.
Used in reference to vehicles other than house trailers,
travel trailers or recreational vehicles, and shall include all vehicles
coming within the definition of "trailers" in the Vehicle and Traffic
Law of the State of New York, and shall include trailers designed
to carry boats, cargo, freight and other items of personal or discarded
property.
A trailer used solely as a residence for camping, vacation
or travel purposes.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended.[1]
The Village of Brockport.
No person, firm or corporation being the owner or occupant of
any land or premises within the Village of Brockport shall use or
permit the use of said land or premises as a trailer camp or for the
placement of a house trailer, tent and/or tent house as a permanent
structure whether intended for habitable use or not.
No trailer shall park or remain upon any public highway, public
sidewalk or parking lot exceeding four hours or park on public lands
owned by or under the control of the Village of Brockport, unless
in a location where camping is allowed, and then for a period not
exceeding 48 hours.
A.
No person shall occupy a portable structure, such as but not limited
to tents, canopies and lean-tos for the purposes of sleeping out of
doors on property either owned by or under the control of the Village
of Brockport, unless in a location where camping is allowed, and then
for a period not exceeding 48 hours.
B.
Travel trailers and other trailers, except house trailers, may be
parked for the purpose of storage in residentially and business zoned
districts (Districts B and O as established by the Village Zoning
Ordinance enacted December 21, 1959)[1] under the following terms:
(1)
In the rear yard of any residential or business lot.
(2)
In the side yard of any residential or business lot, if rear yard parking is impractical because of size, contour or other physical difficulties or after a review by the Building Inspector, who shall issue a report to the Zoning Board of Appeals waiving the rear yard parking storage requirements as noted under § 51-5B(1) because of lot impracticability.
(3)
In a front area driveway of any residential or business lot, between
the dates of April 15 and November 15; however, such travel trailer
cannot be parked or stored in the driveway that would be closer than
15 feet distant from the nearest street, curb or edge of pavement.
(4)
Such parking of any trailers shall not exceed more than two trailers
on any residential or business lot.
(5)
No trailer shall be parked or stored closer than four feet from any
lot line.
(6)
Travel trailers or recreation vehicles may be used for temporary
living or sleeping quarters within the Village. Such temporary living
habitation shall not exceed 14 days in any calendar year when the
owner, his/her family or guests may use the same for sleeping or cooking
purposes. Travel trailers or recreation vehicles may be used for temporary
living or sleeping quarters within the Village during any authorized
Village celebration, festival or event when prior celebration, festival
or event approval has been granted by the Board of Trustees.
(7)
The Zoning Board of Appeals, upon application and subject to conditions
essential to the safety, health and general welfare of the people
of the Village, may authorize waiving or modifying any requirements
pertinent to § 51-B(1) through (6). Said Board may, in addition,
waive application fees, public notices or hearings on such application.
C.
It shall be unlawful to discharge any effluent waste matter from
any travel trailer or recreational vehicle within the Village of Brockport,
unless authorized by the Superintendent of Public Works.
D.
It shall be unlawful to remove the wheels from any trailer or otherwise
permanently affix any trailer to the ground.
E.
A trailer or storage container used for temporary storage shall be
permitted to be used for a period of no longer than 30 days in connection
with a commercial sale being undertaken by an established enterprise/business
within the Village of Brockport, provided that such trailer or storage
container is located upon the premises of such commercial enterprise
operating the sale. This provision, however, shall not be used by
a single commercial enterprise more frequently than two times per
calendar year and not more than once in any ninety-day period, with
a maximum of one trailer per premises.
F.
No more than two trailers may be allowed upon a premises or lot as
a temporary sales and/or construction office when said trailer is
part of the equipment of any person, persons, corporation or partnership
that is in the business of either construction or real estate sales
in conjunction with an active residential or business development
site. In any event, no temporary trailer used in connection with such
construction or real estate sales shall remain upon the premises for
longer than two weeks past the completion of said construction or
real estate sale. In no event will any trailer used in connection
with all development remain on said premises longer than two years
from the date of initial construction. The Planning Board shall review
any request for an additional length of time and/or number over two
thereafter.
G.
No more than three trailers or containers that are to be used as
a temporary use storage container may be allowed on an active residential
or nonresidential construction site. All temporary construction trailers
or storage containers shall be used only in connection with such construction
and shall not remain upon the premises for longer than two weeks past
the completion of said construction. In no event will any trailer
or storage container used in connection with any development remain
on said premises longer than two years from the date of initial construction.
Temporary use storage containers or trailers shall be screened from
public view as approved by the Code Enforcement Officer. The Planning
Board shall review the request for an additional length of time and/or
number over three thereafter.
H.
A temporary trailer may be allowed upon a residential, business and/or
other site wherein there is an emergency, defined as the loss or destruction
of property or a building which would require the use of a trailer
on the site for purposes of storage of goods, equipment, material
and/or sales. In an emergency wherein use of a trailer is requested,
an approval will be granted for a period of 90 days and is renewable
at the discretion of the Code Enforcement Officer for one additional
ninety-day period. After one consecutive one-hundred-eighty-day period
the Planning Board shall review the request for an additional length
of time thereafter.
I.
All existing storage containers or trailers, regardless of size,
in residential and business districts shall be removed within 120
days upon the enactment and filing of this chapter and/or the filing
of an application to the Village of Brockport Planning Board for the
granting of a temporary storage trailer or container operating permit
issued by the Code Enforcement Officer. All proposed or existing temporary
storage containers or trailers used in any districts for the purpose
of storage shall be permitted if approved by application to the Planning
Board, provided that the following conditions are met:
(1)
A list of the types of materials to be stored shall be provided to
the Code Enforcement Officer; any changes in materials stored shall
elicit a new list being provided to the Code Enforcement Officer prior
to the change in the type of materials stored. Should the temporary
storage of materials fall under the auspices of any other regulations,
those regulations shall prevail as well as the reporting thereof and/or
filing of Material Safety Data Sheets and/or lists of contents as
required.
(2)
All proposed or existing temporary storage containers or trailers
used in any residential or business districts for the purpose of storage
shall not exceed 20 feet in length or occupy a footprint of more than
160 square feet in area.
Exemption; A temporary sales and/or construction office and/or
when said trailer is part of the equipment of any person, persons,
corporation or partnership that is in the business of either construction
or real estate sales in conjunction with an active residential or
business development site.
J.
Location of temporary storage or office trailers or containers shall
either be approved by the Planning Board and/or the Uniform Code of
the State of New York. But regardless, temporary storage or office
trailers or containers shall not be located closer than four feet
from any property line or structure, except in residential districts,
where temporary storage or office trailers or containers shall not
be located closer than 10 feet from all property lines and/or any
other structure on the property and/or any adjacent property thereof.
The Code Enforcement Officer of the Village of Brockport (and/or
assistant Code Enforcement Officers, collectively the "Code Enforcement
Officers" hereunder) is/are the official(s) authorized to enforce
the provisions of this chapter by notice, ticketing, etc., or such
other enforcement procedure means and methods set forth in the Code
or otherwise permitted by law.
A.
Informal compliance orders; The Code Enforcement Officer (or his
authorized inspector) is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure or premises in violation(s) of the Uniform Code, the Energy
Code or this chapter or local law(s). Upon finding that any such condition
or activity exists, the Code Enforcement Officer can issue an informal
(voluntary compliance) order either in writing or verbally.
B.
Notice of violation; When the Village of Brockport determines that
activity is not being carried out in accordance with the requirements
of this chapter or any other chapter of this Code, the Code Enforcement
Officer shall issue a written notice of violation/violations to the
owner, owner's agent and/or resident, e.g., tenant/tenants.
C.
Compliance orders; The Code Enforcement Officer (or his authorized
inspector) is authorized to order in writing the remedying of any
condition or activity found to exist in, on or about any building,
structure or premises in violation of the Uniform Code, Energy Code
or this chapter or local law(s). Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order. The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Code Enforcement Officer;
(3)
Specify the condition or activity that violates this chapter or local
law(s);
(4)
Specify the provision or provisions of this chapter or local law(s)
which is/are violated by the specified condition or activity;
(5)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time.
D.
The Code Enforcement Officer (or his authorized inspector) shall
cause the compliance order to be mailed to the property owner identified
in filings with and records of the Village of Brockport (or as indicated
in the real property records of the Monroe County Clerk) pursuant
to this chapter, by registered and/or certified mail, and/or a copy
thereof may be served on the owner of the affected property personally,
as indicated below. The Code Enforcement Officer shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any property manager or agent, builder, architect,
tenant(s), contractor, subcontractor, construction superintendent
or their agents, or any other person taking part or assisting in work
or use being performed or occurring at the affected property, personally
or by registered and/or certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the compliance order.
E.
Appearance tickets. The Code Enforcement Officer (or his authorized inspector) under the provisions of the Codes Office is authorized to issue appearance tickets for any violation(s) of the Uniform Code, Energy Code or this chapter or local law(s). The Code Enforcement Officer (or his authorized inspector) can issue appearance tickets forgoing § 51-7B and C, as per the authorization of Chapter 59, § 59-1, of the Code of the Village.
F.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or the chapter, or any term or condition of any building
permit, certificate of occupancy/certificate of compliance, temporary
certificate of occupancy, conditional certificate of occupancy, residential
rental registration statement, stop-work order, operating permit or
other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter, any other chapter of this Code or
local law(s) shall be liable unto civil penalty of not more than $350
for each day or part thereof during which such violation continues.
Each day on which any violation of any of the provisions of this chapter
occurs shall constitute one offense, and each successive day of violation
shall constitute a separate and distinct offense. Upon conviction
of any such violation, such person, partnership or entity or corporation
shall be punished by a fine of not more than $350 for each offense.
In addition to any other penalty authorized by this section, any person,
partnership or entity or corporation convicted of violating any of
the provisions of this chapter and/or local law(s) shall be required
to bear the expense of such compliance. Any person who violates the
provisions of this chapter and/or local law(s) shall be subject to
a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter or local law(s) shall be deemed misdemeanors, and
for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of the Village of Brockport.
G.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Brockport in a court of competent jurisdiction
to prevent, restrain, enjoin, correct or abate any violation of or
to enforce any provision of the Uniform Code, Energy Code, this chapter
or any other chapter of this Code or local law(s), or any term or
condition of any building permit, certificate of occupancy/certificate
of compliance, temporary certificate of occupancy, conditional certificate
of occupancy, stop-work order, operating permit, residential rental
registration statement, compliance order, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this chapter. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of
any provision of the Uniform Code, Energy Code, this chapter or any
other chapter of this Code or local law(s), or any stop-work order,
compliance order or other order obtained under the Uniform Code, the
Energy Code or this chapter or local law(s), an action or proceeding
may be commenced in the name of the Village of Brockport in the Supreme
Court or in any other court having the requisite jurisdiction to obtain
an order directing the removal of the building or structure or an
abatement of the condition in violation of such provisions. No action
or proceeding described in this subsection shall be commenced without
the appropriate authorization from the Board of Trustees of the Village
of Brockport.
H.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 36-14 (Stop-work orders) or 36-15 (Structures unfit for human habitation) of this Code or any other chapter of this Code or local law, in any other section of the local law(s) or in any other state or local law, as applicable. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 36-14 (Stop-work orders) or 36-15 (Structures unfit for human habitation) of this Code, in any other section of local law(s) or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
[Amended 6-2-2014 by L.L. No. 2-2014]
