[HISTORY: Adopted by the Town Board of the Town of Busti 8-3-1998 by L.L. No.
4-1998 (Art. 35 of the 1989 Code). Amendments noted
where applicable.]
This chapter shall be known as the "Local Law Providing for Licensing and Regulating Junk and Junkyards" and shall constitute Chapter 270 of the Town of Busti Code.
A.
In the Town of Busti, damaged, worn out, scrapped or discarded materials
or objects, such as automobiles and other vehicles, building materials,
machinery, metal, wastepaper, rags, glassware, tinware and plastic,
have been or are or in the future may be stored, stocked or used in
a dangerous or unsanitary manner on lands, yards, junkyards or other
places within the Town;
B.
The places in which damaged, worn out, scrapped or discarded materials
or objects have been, are or may in the future be stored tend to become
overgrown with weeds, littered with rubbish and debris, and infested
with rats, mice, insects, reptiles and other vermin;
C.
Such conditions tend to attract children and other people and endanger
their lives and health, safety and welfare, spread disease, invite
plundering, attract vagrants, create fire hazards and other health
and safety hazards, create, extend and aggravate blight, interfere
with the use and enjoyment of and reduce the value of private property,
and interfere with the comfort and well-being of the public;
D.
Thieves and receivers of stolen property frequently attempt to dispose
of stolen property by representing it to be legitimately acquired
junk, scrap or debris; and
E.
Adequate protection of public health, safety and welfare of the inhabitants,
visitors and guests in the Town of Busti requires that the business
of handling and dealing in junk be regulated and controlled.
F.
Therefore, it is the intent of the Town Board of the Town of Busti
that a clean, wholesome, attractive community and environment is declared
to be of importance to the health, safety and welfare of the inhabitants
and the safeguarding of the material rights against unwarrantable
invasion; and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
Town and the general welfare of the inhabitants. It is further declared
that the unrestrained accumulation of junk, vehicles, building materials,
machinery, metal, wastepaper, rags, glassware, tinware and plastic,
among others, is a hazard to such health, safety and welfare of the
inhabitants of the Town of Busti, necessitating the regulation, restraint
and elimination thereof. At the same time, it is recognized that the
maintenance of junkyards in a suitable location, as hereinafter defined,
can serve a useful purpose and may need to be accommodated when not
in conflict with the express purpose of this action.
As used in this chapter, the following terms shall have the
meanings indicated:
A used vehicle no longer intended or in condition for legal
use on a public highway. Lack of a current New York State inspection
sticker shall constitute prima facie evidence that such motor vehicle
is inoperative.
Used iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old
bottles or glass; bones; wastepaper and other waste or discarded material
which might be prepared to be used again in the same or alternate
form; salvage materials, including old wood products, used machinery,
engines, machinery and parts, whether dismantled or not; and motor
vehicles including trailer and mobile homes no longer used as such,
whether for the purpose of resale or used parts or components therefrom,
for the purpose of reclaiming for use some or all of the materials
therein, whether metal, glass, fabric or otherwise, for the purpose
of disposing of the same or for any other purpose; but "junk" shall
not include materials or objects held and used by a manufacturing
process.
Includes, but is not limited to include, an automobile or
vehicle salvage yard; an automobile or vehicle reduction yard; a motor
vehicle junkyard; an automobile or vehicle wrecking establishment;
an automobile or vehicle graveyard; a scrap metal processing yard
or facility; a vehicle dismantling yard or facility; a mechanical
disassembly yard or facility; or any premises, establishment, place
of business, or lot, lands or structure, covered or uncovered if outdoors,
whether in connection with another legitimate business or not, which
is used for the collecting, storing, keeping, buying, selling, exchanging,
dismantling, handling, compacting, baling, shredding, processing or
salvaging of junk or salvage. Storage of three or more inoperative
motor vehicles other than in a fully enclosed building shall constitute
a "junkyard."
That portion of any piece of property used in the operation
of a junkyard.
All passenger automobiles, trucks, trailers, buses, motorcycles,
tractors, bulldozers, machinery and equipment, drawn by power other
than muscle power, originally intended for use on public highways,
racetracks, dirt roads, mines, airports, quarries, construction sites
or farms. Off-road farm equipment stored and used on farm premises
that is operable is exempt from this definition.
Any individual, firm, association, partnership, corporation,
company or organization of any kind.
A.
No person, whether personally, by agents or employees, singularly
or along with some other business or enterprise, shall operate, establish
or maintain a junkyard until he, she or it has obtained a license
to operate such junkyard and has obtained a certificate of approval
for the location of such junkyard.
B.
No landowner shall permit, allow, tolerate or consent to the operation
of a junkyard on his, her or its property until such landowner or
junkyard operator has obtained a license to operate such junkyard
and has obtained a certificate of approval for the location pursuant
to the terms of this chapter.
C.
No junkyard, except those referred to in § 270-14 hereof, shall be allowed in any portion of the Town except in that portion of the CAMP (Conservation/Agricultural/Mobile Home Park) District, as defined by the Town of Busti Zoning Code, Chapter 405 of the Code, which is bounded as follows: on the north by Kortwright Road, on the west by the Town of Harmony, on the east by Wellman Road, and on the south by the Commonwealth of Pennsylvania.
Application for license under this chapter shall be made in
writing to the Town Board and filed with the Town Clerk. The application
shall be signed by the property owner and junkyard operator, if an
individual; by all partners, if a partnership; by the president or
chief officer, if a corporation or other organization; and shall be
made upon forms provided by the Town Clerk. Such application shall
provide the following information or material:
A.
The name, residence, address and telephone number of each individual
property owner and operator, partner or, if a corporation or other
organization, each officer and director.
B.
The trade name and address and telephone number of the business on
behalf of which the application is made.
C.
The exact address and location of the place where the business is
or is proposed to be carried on, plus a survey and proposed site plan
of the premises to be used, giving the precise location of all fencing,
buildings, water, sewer and gas mains or laterals, and the general
drainage pattern of the land. Such survey shall also show the precise
portion of the property that may be devoted to the operation of a
junkyard. In the event that additional premises are used for junk
storage and if such premises were not included in the previous application,
the applicant is required to file a supplementary application including
all of the information as herein required and in the same form and
subject to the same conditions as the original application. If such
supplementary application is duly approved, a supplementary license
will be issued.
D.
The zoning classification in which each of the premises described in Subsection C hereof is situated.
E.
A statement as to whether each of said premises described in Subsection C hereof complies in all respects with the Zoning and Building Codes of the Town of Busti.
F.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
or any violation of Article 6 of the General Business Law of the State
of New York.
G.
The location of all premises where said applicant stores junk, permanently
or temporarily, in the Town of Busti.
H.
The name(s) and address(es) of the owner or owners of the real property
and the nature of the right under which the applicant possesses said
property.
I.
Whether applicant has obtained a valid junk dealer's license
under Article 6 of the New York State General Business Law.
J.
Whether the application is for a temporary or permanent license.
A hearing on the application shall be held by the Town Board
within the Town not less than four nor more than six weeks from the
date of the receipt of the application by the Town Board. Notice of
the hearing shall be given to the applicant by mail, postage prepaid,
to the address given in the application and shall be published once
in a newspaper having a circulation within the Town, which publication
shall be not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for a license to operate, establish or maintain the junkyard.
In considering such application, it shall be taken into account the
applicant's ability to comply with the fencing requirements or
other reasonable regulations concerning the proposed junkyard, any
record of convictions for any felony charge of larceny or receiving
of stolen goods, and to any other matter within the purpose of this
section. The Town Board may approve the application only upon the
determination that the applicant has complied with all zoning, fire
and building code and/or site plan requirements of the Town of Busti.
At the time and place for the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for certificate of approval for the location of the junkyard.
In passing upon the same, it shall take into account, after proof
of legal ownership or right to such use of property for the license
period by the applicant, the zoning district in which the property
is located, the nature and development of surrounding property, such
as the proximity of churches, public buildings or other places of
public gathering, and whether or not the proposed location can be
reasonably protected from affecting the public health and safety by
reason of offensive or unhealthy odors or smoke or of other causes.
At the hearing regarding the location of the junkyard, the Town
Board may also take into account the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens by considering whether or
not the proposed location can be reasonably protected from having
an unfavorable effect thereon. In this connection, the Town Board
may consider collectively the type of road serving the junkyard or
from which the junkyard may be seen, the natural or artificial barriers
protecting the junkyard from view, the proximity of the proposed access
routes thereto, as well as the reasonable availability of other suitable
sites for the junkyard.
After the hearing, the Town Board shall within two weeks make
a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail, postage prepaid,
to the address given on the application. If approved, the license,
including the certificate of approval of location, shall be forthwith
issued to remain in effect until December 31 of the year. Approval
shall be personal to the applicant at the specific location applied
for and not assignable. Licenses shall be renewed without hearing,
provided that all provisions of this chapter are complied with during
the license period, that the junkyard does not become a public nuisance
under the common law and that the applicant is not convicted of any
type of larceny or the receiving of stolen goods. The determination
of the Town Board may be reviewed under Article 78 of the Civil Practice
Law and Rules.
Such license, except a temporary license, shall be effective
from the date of its issuance until the 31st day of December of the
year of such issuance, upon which date such license shall expire.
An applicant for a renewal license shall file with the Town Clerk
a written application upon forms provided by such Town Clerk. Such
license, issued pursuant to this chapter, shall be plainly displayed
on the business premises.
A.
No license issued under this chapter shall be transferred or assigned
or used by any person other than the one to whom it was issued, and
no junk dealer's license shall be used at any location other
than the one described in the application for which it was issued.
A.
Each junkyard shall be located wholly within a building or shall
be completely enclosed within a fence with entrance only through a
suitable gate, which shall be locked except when the junkyard is staffed
and open for business. The fence gate shall not be wider than reasonably
necessary for the conduct of the licensed business. The building exterior
or fence facing any public highway, street or road, and for the first
200 feet back from the point where such building or fence turns substantially
away from the street, road or highway, shall be opaque and constructed
of wood or similar material and, if a fence, shall be at least six
feet in height. Any fence shall be erected no nearer than 50 feet
from the closest edge of the highway and not nearer than 100 feet
from any existing dwelling on neighboring property and no nearer than
25 feet from each property line. Where the topography, natural growth
of timber or other considerations accomplish the purposes of the chapter
in the whole or in part, the fencing requirements hereunder may be
waived or modified by the Town Board upon granting the license; provided,
however, that such natural barrier conforms to the purposes of this
chapter.
B.
Inside, adjacent to and continuous with such above-referenced fence,
an applicant shall maintain a strip of land at least 10 feet in width
which shall be kept free of all junk or other obstruction so as to
provide a fire road around the entire area where business activity
is conducted.
C.
All motor vehicles of any kind whatsoever and parts thereof and all
junk as hereinabove described, stored either permanently or temporarily
by the applicant, shall be kept within the enclosure of the junkyard
except for reasonable transportation of same, which shall then be
conducted only during reasonable business hours.
D.
No motor vehicles or other junk shall be piled to any height above
six feet.
E.
The junkyard, together with all things therein, shall at all times
be maintained in a sanitary condition and arranged in neat rows so
as to permit easy, clear passage and inspection of the premises and
to ensure easy access in the event of fire or contamination by environmental
hazard.
F.
No garbage or other waste liable to give of a foul odor or attract
vermin shall be kept on the premises, nor shall any refuse or garbage
of any kind be kept on the premises unless such is junk as defined
herein and is in use in the licensed business.
G.
No junk or other material shall be burned on the premises, except
in accordance with the other applicable provisions of the law governing
the burning of refuse or junk.
H.
No junkyard shall be allowed to become a nuisance, nor shall any
junkyard be operated in such a manner as to become injurious to the
health or safety of the community or of any residents.
I.
No closed drums, barrels, tanks or other vessels containing any kind
of liquid shall be stored outdoors at any time, except those tanks
used regularly in the conduct of the applicant's business and
in compliance with all applicable regulations.
J.
A licensee shall permit inspection of the business premises by any
representative of the Town Board or Town Code Enforcement Officer
or their agents or employees upon 72 hours' notice.
K.
Sufficient off-street parking shall be provided for the licensee's
customers.
For the purposes of this section of this chapter only, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license, but nothing herein contained shall constitute approval under Chapter 405, Zoning, which requires approval and compliance separate and apart from this chapter. Within 60 days from the date this chapter shall take effect, however, the owner shall furnish the Town Board the information as to location which is required in an application, and the governing board shall issue him, her or it a license valid for the remainder of the calendar year. A licensee may apply for one additional six-month period to come into compliance if considerable process toward compliance can be shown after a five-month period. Such license shall be renewed only upon satisfactory proof that all provisions of this chapter, including the fencing requirements have been fully complied with, except that the setback and boundary line dimension provisions may, in the discretion of the Town Board, be waived or modified based upon a finding that no neighboring property or the public at large is harmed or prejudiced by such waiver or modification.
A.
The inspecting officer (Code Enforcement Officer) or his duly authorized
representative shall inspect the junkyards of all junk dealers licensed
under this chapter at least once a year to determine whether such
yards are being operated in accordance with the provisions of this
chapter and other applicable provisions of law.
B.
No person shall refuse entry to the Town Code Enforcement Officer
or other Town officer attempting to enter any premises for the purpose
of inspection. Such entry shall be permitted not only to areas open
to the public but also to all other areas, provided that no employee
shall be required to accompany any officer in any area that the employee
deems to be dangerous if the employee tells the inspector or officer
that the area is, in the employee's opinion, dangerous.
[Added 9-17-2001 by L.L. No. 4-2001]
A.
Whenever the Town Code Enforcement Officer shall declare that any
property shall be in violation of this chapter, he shall issue a notice
of violation to the owner, tenant or occupant in control of or in
possession of such property that specifies the provision of law being
violated, outlines the facts constituting such violation and the manner
in which it must be corrected, and sets the date by which the violation
must be corrected.
B.
All written notices under this section shall be served on the owner,
tenant or occupant by posting a copy of such violation notice upon
the front portion of the affected property or upon the main structure
and by mailing a copy of such notice by ordinary mail to the owner
of the property as shown on the latest assessment roll of the Town.
A.
The owner or licensee of any such place of business who commits or
permits any acts in violation of any of the provisions of this chapter
shall be deemed to have committed an offense against such chapter
and also shall be liable for any such violation or the penalty therefor.
Each day such violation shall continue or be permitted to exist shall
constitute a separate violation.
C.
In addition to the above-provided penalties and punishments, the
Town Board may also maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such chapter.
D.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the Town in the amount of $1,000 for
each such offense.
E.
Conviction for any above-mentioned violation shall constitute and
may effect a forfeiture of the license after a hearing by a designee
of the Town Board on due notice to the applicant.
F.
If any junk is stored or placed in any part of the operator's
property other than that designated for such purpose on that person's
application without first supplementing such application, the junkyard
license shall be revoked.
[Added 9-17-2001 by L.L. No. 4-2001]
A.
Upon the failure of an owner, tenant or occupant to comply with a
notice to correct a condition complained of, the Town Board may hold
a public hearing. The public hearing shall be held upon notice posted
conspicuously on the front portion of the affected property or upon
the main structure and forwarded to the last known address of the
property owner as shown on the latest assessment rolls of the Town,
by certified mail, return receipt requested. Posting and service of
such notice shall not be less than 15 days prior to the date of such
hearing.
B.
The Town Board, after a public hearing as provided in Subsection A, may cause any condition that exists in violation of this chapter to be removed from any property within the Town of Busti upon the failure of such owner, tenant or occupant to comply with any order of the Town Board. Said removal may be performed by the Superintendent of Highways or other designee, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. 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.
C.
The removal of any condition in violation of this chapter by the
Town of Busti or its agents shall not operate to excuse such owner,
tenant or occupant from properly maintaining any premises as required
by this chapter, and such owner, tenant or occupant shall, notwithstanding
such action, be subject to any other penalties set forth herein.
