[HISTORY: Adopted by the Town Board of the Town of Avon 4-9-1987 by L.L.
No. 2-1987 (Ch. 52 of the 1976 Municipal Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Outdoor Storage
of Junk Law of the Town of Avon."
The purpose of this chapter is to provide for a clean, wholesome, attractive
environment, thereby safeguarding the inhabitants of the Town of Avon of their
material rights against unwarrantable invasion, and, in addition, such environment
is deemed essential to the maintenance and continued development of the economy
of the Town of Avon and the general welfare of its citizens. It is further
declared that the unrestrained accumulation of junk, such as but not limited
to junk motor vehicles, junk appliances, junk lawn mowers, junk motorized
lawn equipment, old parts, rubbish and debris, upon privately owned property
within the Town of Avon constitutes a hazard to the health, safety and welfare
of the citizens of the Town of Avon, necessitating the regulation, restraint
and elimination thereof.
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the following meanings:
Any motor vehicle which is 25 or more model years old and which can
be economically restored to a value which is greater than the cost of restoration.
Any stove, refrigerator, washing machine, dryer, freezer, television
set, radio or other household device or equipment.
An accumulation of any broken or destroyed material, rubble or fragments
having no economic value.
Any stove, refrigerator, washing machine, dryer, freezer, television
set, radio or other household device or equipment which is either:
Any lawn mower which is either so damaged or so rusted or in such
a condition as to be unsightly.
Any motorized yard equipment which is either so damaged or so rusted
or in such a condition as to be unsightly.
Any motor vehicle which either:
All vehicles propelled or drawn by power other than muscle power,
originally intended for use on public highways.
Household trash or store trash consisting of things such as barrels,
cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets,
rubber tires, lumber, stone, brick and other building materials or any and
all other tangible personal property no longer intended or no longer in condition
for ordinary use.
A.
No person shall cause or permit the outdoor storage of
any junk motor vehicle, junk appliance, junk lawn mower, junk motorized yard
equipment, rubbish or debris on property owned by such person.
B.
No person shall store any appliance in the front or side
yard visible to the public from any public street or any front or side porch
for a period of more than two weeks.
C.
No person shall store an unrestored antique automobile
out of doors except in a location not in the front or side yard of any premises
and not visible to the public from any public street.
A.
The Code Enforcement Officer of the Town of Avon or any
other agency or official authorized from time to time by the Town Board of
the Town of Avon by resolution shall inspect property and file a written report
of violations by owners with the Avon Town Clerk. The Avon Town Clerk will
prepare a written notice and shall cause the same to be served upon the owner
personally or by certified mail. The notice shall contain the following:
[Amended 9-8-2005 by L.L. No. 3-2005]
(1)
The name of the owner to whom the notice shall be addressed.
(2)
The location of the premises involved in the violation.
(3)
A statement of the facts which, it is alleged, violate
this chapter.
(4)
A demand that the junk motor vehicle, junk appliance,
junk lawn mower, junk motorized yard equipment, rubbish or debris be removed
from the premises which are alleged to violate this chapter within 10 days
after service or mailing of this notice.
(5)
A statement that a failure to comply with the demand
may result in prosecution.
(6)
A copy of this chapter.
B.
Upon application of the alleged owner showing reasonable
cause, the Town Board of the Town of Avon may grant an extension of up to
90 days for the owner to comply with the demands.
No person shall willfully place a junk motor vehicle, junk appliance,
junk lawn mower, junk motorized yard equipment, rubbish or debris on premises
which such person does not own without the permission of the owner thereof.
[Amended 9-8-2005 by L.L. No. 3-2005]
This chapter shall not apply to the following:
A violation of any provision of this chapter is an offense, and any
person committing an offense shall be guilty of a violation pursuant to the
Penal Law punishable by a fine not exceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense thereunder.
