A.
It shall be unlawful for any person to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained in
open storage any appliance, rubbish or debris upon any public or private
property within the Town, except that such items may be placed out
of doors for a period not to exceed 48 hours in order to facilitate
the pickup and disposal of such items.
B.
Open storage of one or more junk or abandoned vehicles, junk trailers,
or junk farm equipment shall not be permitted on public or private
property within the Town of Amenia, except as permitted in junkyards
or automobile dealerships by this chapter.
A.
No person shall willfully place a junk or abandoned vehicle, junk
trailer, junk farm equipment, appliance, rubbish or debris on premises
which such person does not own, except at a sanitary landfill licensed
by the Department of Environmental Conservation.
B.
When a junk or abandoned vehicle, junk trailer, junk farm equipment,
appliance, rubbish or debris is placed on the real property of a person
other than the owner, that real property owner shall immediately notify
the Enforcement Officer. Upon receipt of such notification, the Enforcement
Officer shall authorize a towing service or junk or scrap dealer to
remove and take possession of said junk or abandoned vehicle, junk
trailer, junk farm equipment, appliance, rubbish or debris. The cost
of the removal and storage of a junk or abandoned vehicle shall be
a lien against the vehicle, and said vehicle shall not be released
until this lien is satisfied and any and all legal and lawful fines
paid.
The Enforcement Officer shall have the right to enter and inspect,
at any reasonable hour, any premises on which a junk or abandoned
vehicle, junk trailer, junk farm equipment, appliance, rubbish or
debris is openly stored. Said right of entry and inspection shall
not be limited in any way by the existence or lack of existence of
a request, authorization, license or other consent or approval of
entry, inspection or removal and disposal.
A.
If conditions existing on property violate the provisions of this
chapter, the Enforcement Officer shall serve or cause to be served
upon the owner(s) a written notice of violation, either personally
or by certified mail.
B.
Said notice shall include the following:
(1)
The name of the owner(s).
(2)
The address or location of the premises.
(3)
The identification of the premises as it appears on the current assessment
roll of the Town.
(4)
A statement identifying the condition(s) on the premises that violate
this chapter.
(5)
A demand that the junk or abandoned vehicle, junk trailer, junk farm
equipment, appliance, rubbish or debris be removed from the premises
on or before 10 calendar days after the service or mailing of the
notice.
(6)
A statement that failure to timely comply with this notice will result
in prosecution.
(7)
A statement that failure or refusal to comply with the provisions
of this chapter and each succeeding day that the violation continues
shall constitute a separate and distinct violation.
(8)
A copy of this chapter.
C.
Upon failure of the owner to comply with this notice of violation, the Enforcement Officer shall cause a final notice to be served upon such owner demanding removal of the junk or abandoned vehicle, junk trailer, junk farm equipment, appliance, rubbish or debris within 10 days after the personal service upon or mailing, by certified mail, to said owner. This final notice shall comply with the provisions of Subsection B of this section.
D.
A notice mailed to an owner under this section shall be mailed to
his or her last known address as shown on the latest completed assessment
roll of the Town. If there is more than one owner, personal service
on or a certified mailing of the notice to any one of such owners
shall be deemed to be service upon all.
E.
Upon application of the alleged owner showing reasonable cause, the
Enforcement Officer may grant an extension for up to 30 days for the
owner to comply with the demands
A.
If the junk or abandoned vehicle, junk trailer, junk farm equipment,
appliance, rubbish or debris has not been removed from open storage
within 10 days from the date of mailing the final notice, the Town
Board may, upon recommendation of the Enforcement Officer or upon
its own motion, hire a person to remove said items and dispose of
the same.
B.
Upon receipt of the bill for said services, the Town Board shall
forward a copy of the same to the owner by certified mail and demand
payment for said services. If said payment is not received within
30 days, the charges shall become a lien on the property and shall
be charged to the real property so affected by including such expense
in the next annual tax levy pursuant to the Town Law of New York State.
C.
Neither the Town of Amenia nor any person acting on behalf of the Town shall be liable to any person for the disposal of or destruction of such junk or abandoned vehicle, junk trailer, junk farm equipment, appliance, rubbish or debris. In the event that the Town shall realize any money from the disposal of such items (other than proceeds from the sale of vehicles, which shall be governed by § 82-16), the Town shall first be reimbursed from those proceeds for all costs and expenses incurred in the enforcement of this chapter. If any funds remain after such reimbursement, those surplus proceeds shall be held by the Town without interest for the benefit of the owner of such vehicle for a period of six months. If not claimed within such six-month period, such proceeds shall be paid into the general fund of the Town.
