[HISTORY: Adopted by the Town Board of the Town of Johnstown 4-17-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
A. 
The purpose of this chapter is, through regulation, to provide clarification, definitions and methods for notice of violations and penalties for violations of the minimum conditions for property maintenance as set forth in the Property Maintenance Code of New York State and the Town of Johnstown minimum conditions for property maintenance.
B. 
The Town Board hereby declares that a clean, wholesome and attractive environment is of vital importance to the continued general welfare of its citizens, and that regulation of the deposit, accumulation or maintenance of junk regardless of quantity is hereby prohibited anywhere within sight of persons lawfully traveling public highways, trails, waterways or within sight of neighboring property. By adoption of this chapter the Town declares its intent to protect the community from potential hazards to property and persons; protect and preserve our lakes, water, resources, wildlife and woodlands and to promote a reasonable quality of environment and aesthetics; to prohibit actions and conduct that tend to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the community generally; and to further the goals of the Comprehensive Plan.
The provisions of this chapter shall apply in addition to the provisions of any other local law, chapter or ordinance adopted by the Town of Johnstown. Where there is a conflict, the more restrictive provision shall apply.
A. 
All definitions set forth in Chapter 2, Sections 201 through 202, of the Property Maintenance Code of New York State are incorporated herein by reference together with the following:
ABANDONED
The relinquishment of property as a cessation of the use of the property, by the owner or lessee, without any intention of transferring rights of the property to any other owner or of resuming the use of the property. This does not apply to vacant land.
CLUTTER
A number of things scattered in disorder and/or things that impede movement.
CONSTRUCTION EQUIPMENT
Machinery, including but not limited to a backhoe, bulldozer, tractors, etc., actively used in construction and excavation.
DEBRIS
Bits and pieces of rubbish; the remains of something broken down or destroyed.
ENFORCEMENT OFFICER
The person(s) appointed by the Town Board to enforce the provisions of this chapter.
FARM EQUIPMENT
Machinery, including tractors, actively used in agricultural crop production and raising livestock.
INOPERATIVE
With regard to motor vehicles as set forth in Section 302.8 of the Property Maintenance Code of New York State, unlicensed, abandoned, wrecked, stored, discarded, dismantled or not in condition for legal use upon public highways or waterways.
JUNK
Includes the following but is not limited to: any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, bailed, disposed of, or for other use or disposition such as inoperative vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, machinery, brush, lumber, garbage and solid waste.
JUNK APPLIANCE
Any household appliance, including, but not limited to, a stove, washing machine, dryer, dishwasher, freezer refrigerator, air conditioner, water heater, computer or television, which is stored outside of any residence or structure.
JUNK FURNITURE
Abandoned, discarded, or irreparably damaged furniture, including, but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs, and chests of drawers.
JUNK MOBILE HOME
Any enclosed dwelling built upon a chassis, motor vehicle, or trailer used or designed to be used for either permanent or temporary living or sleeping purposes, including motor homes, truck campers, camping trailers, campers, travel trailers, popup trailers, tent trailers, and overnight trailers. To qualify as a junk mobile home, the dwelling must meet two out of three of the following conditions for six months or more:
(1) 
The electrical service is disconnected or terminated.
(2) 
It is abandoned as a dwelling unit.
(3) 
It is no longer habitable for residential occupancy.
JUNK MOTOR VEHICLE
(1) 
Any motor vehicle or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle, which is:
(a) 
Unlicensed or unregistered; or
(b) 
Abandoned, wrecked, (store), discarded, dismantled, or partly dismantled;
(c) 
In such a condition that it is economically infeasible to restore the vehicle to an operating condition. "Economically infeasible" means the cost of restoring the vehicle to an operating condition exceeds the market value of the vehicle;
(d) 
Not in condition for legal use upon the public highways.
(2) 
The fact that a motor vehicle does not display a current motor vehicle registration or license plate or current valid motor vehicle inspection sticker shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways.
(3) 
With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle unless refuted by verifiable and creditable proof.
(4) 
Motor vehicles as set forth in Section 302.8 of the Property Maintenance Code of New York State shall be further defined to include and are not limited to the following: all vehicles propelled or drawn by power originally intended for use on public highways, trails, and waterways, including but not limited to automobiles, buses, trailers, trucks, tractors, motor homes, motorcycles, and minibicycles, boats, personal watercraft, all-terrain vehicles, snowmobiles and camping trailers.
LITTER
Things laying about in disorder, especially bits of rubbish; to make untidy; to scatter about carelessly.
OUTDOOR STORAGE
Storage other than in a completely enclosed structure such as a garage or barn.
OWNER OF MOTOR VEHICLE
The person, other than a lien holder, having possession or title to a motor vehicle. The term includes a person entitled to the use and possession of a motor vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
PERSON
An individual, partnership, association, corporation, or entity of any other kind.
RECREATIONAL VEHICLE
A vehicle-type structure without permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes. Recreational vehicles include, but are not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
SCRAP
Discarded or rejected materials that result from manufacturing or fabricating operations.
SEASONAL USE
A use carried on for only part of the year.
SOLID WASTE
Unwanted or discarded material, including waste material with insufficient liquid content to be free flowing; solid waste may be categorized as agricultural, commercial, industrial, institutional, municipal, and residential.
UNLICENSED
Not displaying a current motor, boat or recreational vehicle registration or license plate shall be presumptive evidence that such motor vehicle, boat or recreational vehicle is not licensed.
A. 
It shall be unlawful for any person to store, deposit, place, maintain, or cause, or permit to be stored, deposited, placed or maintained outdoors any junk, junk appliance, junk furniture, junk mobile home, motor vehicles, clutter, litter and debris upon private property within the Town of Johnstown. It shall be unlawful for any person to use a vehicle, mobile home, trailer, or similar units for the storage of junk on any premises. Any use not specifically permitted is prohibited. It shall be unlawful for any person to use a bus, uninhabited mobile home, truck, truck trailer, horse trailer, semitrailer, tank truck, or similar vehicles or units for the storage of junk on any premises. Exceptions shall be made for temporary use of such vehicles or units for construction purposes for periods of less than 90 days or when actively used in construction with active farming or agricultural operations.
B. 
Except for the purpose of this chapter, Section 302.8 of the New York State Property Maintenance Code shall be amended to exclude two or more inoperative or unlicensed motor vehicles to none.
A. 
Materials. Section 54-4 shall not apply to the storage or placement on the premises of the following materials:
(1) 
Wood intended for consumption in a wood-burning stove, furnace, or fireplace located on the premises.
(2) 
Lawn or yard or garden ornaments and implements.
(3) 
Lawn or patio furniture.
(4) 
Operable farm, garden, and yard machinery and apparatus used on premises.
(5) 
Standing fences.
(6) 
Hoses and sprinklers used for watering lawns or gardens.
(7) 
Storage or placement and accumulation of materials in connection with a permitted or allowed commercial operation duly conducted on the premises where such storage, placement, and accumulation is expressly permitted by the laws of the municipality.
(8) 
Construction materials and equipment used for the construction or renovation of a building on the premises for which a building permit has been issued or an ongoing project of duration that does not require a permit.
B. 
Vehicles. Section 54-4 shall not apply to the storage or placement on the premises of the following vehicles:
(1) 
Seasonal and recreational vehicles and/or construction machinery and equipment if kept in a location not visible from any road, street, or highway, when practicable; any automobile taken off the road for the winter season.
(2) 
Farm machinery, including tractors, where such machinery is actively used. Farm machinery kept for parts shall be kept in a location not visible from any road, street, or highway, when practicable.
(3) 
Plow vehicles: self propelled device(s) once licensed as a motor vehicle not to be driven on public highways and to be used on property of the owner solely for plowing and removal of snow.
C. 
Seasonal vehicle permit. Upon written application by the landowner, the Code Enforcement Officer shall issue a permit for the open storage of one seasonal vehicle per property, subject to the following conditions;
(1) 
The vehicle (automobile and truck) which is unlicensed, unregistered and uninspected shall be owned by one of the inhabitants of the property.
(2) 
The permit shall be issued for not more than 180 days.
(3) 
The permit shall not be issued if the property has a "for sale" permit issued for another vehicle.
(4) 
The vehicle shall be stored in a location not visible from any road, street, or highway.
D. 
Vehicle for sale permits. Upon written application by the landowner, the Code Enforcement Officer shall issue a permit for the open storage of one vehicle for the purpose of offering for sale a vehicle that is currently or not currently registered or licensed or inspected under New York State law, subject to the following conditions:
(1) 
The vehicle shall be owned by the inhabitants of the property where the vehicle is being offered.
(2) 
The vehicle shall be set back from the road so as not to create a visibility hazard.
(3) 
The permit shall be issued for not more than 45 days.
(4) 
A copy of the permit shall be affixed to the interior of the windshield in order that the permit information is visible from the street.
(5) 
The permit shall not be issued if the property has a "for sale" permit issued for another vehicle.
A. 
General. This chapter shall be enforced using the administration and enforcement procedures set forth in the Uniform Fire Prevention and Building Code of New York State or pursuant to Chapter 33, Article II, of the Code of the Town of Johnstown.
B. 
Enforcement officer. This chapter may be enforced by the Building Inspector, the Zoning Enforcement Officer, or by any peace and/or police officer of the municipality. Said persons shall have the authority to enforce the provisions of this chapter within the municipality as necessary for said enforcement. The enforcement officer shall make periodic inspections of the municipality to ensure that the requirements of this chapter are met.
C. 
Complaints. Any person may file a complaint with the enforcement officer alleging that a violation of this chapter has been taken. The enforcement officer shall properly record and investigate any such complaint. The enforcement officer may also investigate any violation that he or she has reason to believe has occurred or is occurring.
D. 
Notice to comply.
(1) 
Following an investigation of the property, the enforcement officer is authorized to prepare a written "notice to comply." The written notice to comply may be served by personal service or through certified mail, return receipt requested, to the last known address of the property owner. When service is made by certified mail return receipt requested, service shall be deemed complete upon delivery of the notice.
(2) 
The written notice to comply shall contain the following information:
(a) 
The name of the owner and/or occupant of the real property upon which the nuisance vehicle or violation is located.
(b) 
The location of the premises involved in the violation.
(c) 
A statement of the facts which allegedly violate this chapter.
(d) 
A demand that the violation or nuisance be removed or placed so as to be in compliance with the chapter within seven days after the service or mailing of the notice.
(e) 
A statement that a failure to comply with the demand may result in prosecution.
(f) 
A reference to the section of this chapter allegedly violated.
E. 
Enforcement and summary abatement. The enforcement officer is hereby authorized, pursuant to Criminal Procedure Law § 150.20(3), to issue an appearance ticket to any person whom the enforcement officer has reason to believe has violated this chapter, and shall cause such person to appear before the Town Justice.
F. 
Penalties and remedies.
(1) 
Any person who shall violate any of the provisions of the New York State Property Maintenance Code or the Town of Johnstown minimum conditions for property maintenance shall be guilty of a violation and subject to the following:
(a) 
A minimum fine of $50 and a maximum fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both; or
(b) 
A penalty of $350, to be recovered by the municipality in a civil action.
(c) 
Vehicle(s) removed by the Town shall be seized and disposed of by the Town pursuant to § 1224 of the Vehicle and Traffic Law of the State of New York.
(d) 
All costs for the removal of vehicle(s) by the Town, including but not limited to removal, storage, court cost and reasonable attorney's fees, shall be assessed against the owner of said vehicle(s), if known, and/or the owner or occupant of the real property upon which the vehicle(s) in violation is located.
(2) 
Public hearing; abatement by Town.
(a) 
In addition to any other provisions of this section, the governing board may hold a public hearing to determine whether the violation constitutes a public nuisance requiring abatement by the municipality. The public hearing shall be held upon notice posted conspicuously on the subject property. The notice shall also be sent to the last known address of the property owner, as it appears on the current assessment records of the municipality, by certified mail, return receipt requested, or served on the owner by personal service. Posting and service of such notice shall not be less than 15 calendar days, exclusive of the date of service, prior to the date of the public hearing. The notice shall:
[1] 
Identify the premises as the same as it appears on the current assessment roll;
[2] 
Contain a statement of the conditions on the property deemed upon inspection to constitute a public nuisance;
[3] 
Contain a demand that the condition or conditions constituting the public nuisance be immediately abated or removed before the date of the hearing specified in the notice;
[4] 
Contain a statement that a failure or refusal to comply within the period specified may result in a duly authorized officer, agent or employee of the municipality entering upon the property and abating or removing the public nuisance; and
[5] 
Contain a statement that the cost and expense of such abatement or removal shall be the responsibility of the owner, tenant or occupant, and, without limitation on the municipality's potential remedies to recoup its expenses, such cost and expense shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
(b) 
Where the Town Board finds, based on substantial evidence in the public hearing, that the violation or violations amount to a public nuisance requiring abatement by the municipality, the Town Board may cause the abatement or removal of the public nuisance. The abatement or removal may be performed by the municipality or by its designee, or agent, including a private contractor lawfully engaged and authorized by the municipality. The Town Board shall ascertain the cost of removal and assess such expense against the record owner of the property.
(c) 
The expense so assessed shall constitute a lien on 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. The foregoing shall not be construed as a limitation on the municipality's remedies to recover its costs.
(d) 
The removal of any nuisance by the municipality's agents shall not operate to excuse such owner, tenant, or occupant from properly maintaining the premises required by this chapter. Such owner, tenant, or occupant shall, in addition to the remedies provided herein, be subject to any other penalties provided for by the law.
(3) 
Every such person shall be deemed guilty of a separate violation for each week such violation, disobedience, omission, neglect, or refusal shall continue.
G. 
Injunctive relief. The Town Board may also maintain an action or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter.