[HISTORY: Adopted by the Town Board of the Town of Wilna as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1997 by L.L. No. 2-1997]
The Town Board of the Town of Wilna, pursuant to the authority granted it under § 64 of the Town Law and §§ 10 and 20 of the Municipal Home Rule Law of the State of New York, hereby enacts as follows.
The Town Board of the Town of Wilna finds that the accumulation of garbage, rubbish, clutter, litter, and debris on private property in the Town of Wilna has created health and safety problems for residents and has contributed to a decline in property values in certain areas. It is necessary to protect property values, as well as the health, safety and welfare of residents to control the accumulations of these items in the Town. It is the purpose of this article to restrict individuals and businesses from accumulating garbage, rubbish, clutter, litter and debris on their property in violation of this article.
As used in this article, the following terms shall have the meanings indicated:
- CLUTTER, LITTER AND DEBRIS
- Ordinary household or stored trash which is paper, barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, tires, lumber, bricks, stone, and other building materials no longer intended or conditioned for ordinary use; and any and all tangible personal property no longer intended or in condition for ordinary and customary use, including junk vehicles, junk appliances and junk mobile homes.
- Waste, food, papers, dead fowl, and animals or parts thereof, and all waste or discarded wood, lumber, or vegetable matter which may be flammable or capable of fermentation or decay.
- JUNK APPLIANCES
- Any stove, washing machine, dryer, freezer, refrigerator, microwave or other household device or equipment abandoned, junked, discarded, or wholly or partially dismantled.
- 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 and/or sleeping purposes, including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers, and overnight trailers which are no longer suitable for human habitation.
- JUNK VEHICLE
- Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, mini-bike, snowmobile, or all-terrain vehicle or any other device originally intended for travel on the public highways which meets all of the following conditions:
- A. It is unregistered.
- B. It is either abandoned, wrecked, stored, discarded, dismantled or partially dismantled;
- C. It is not in condition for legal use upon a public highway. With respect to any motor vehicle not required to be licensed or motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than one year and is not in condition to be removed under its own power, shall be presumptive evidence that such motor vehicle is a junk vehicle.
- Waste, metal, tin cans, ashes, cinders, glass, pottery, and all discarded substances of a solid noncombustible nature or combustible nature, machinery or machine parts, and construction debris.
No person shall throw, dump, or deposit or cause to be thrown, dumped or deposited in any part of the Town of Wilna any garbage, rubbish, clutter, litter, debris, junk appliances, junk mobile or junk vehicles or parts thereof, and no person shall permit such throwing, dumping, or depositing thereof on property owned, leased or controlled by such person.
No person shall throw, dump, or deposit or cause to be thrown, dumped, or deposited in any part of the Town of Wilna any oil, petroleum, or petroleum products or derivatives and no person shall permit such throwing, dumping, or depositing thereof upon property owned, leased, or controlled by such person.
No person shall accumulate in the open areas of their property, any garbage, rubbish, clutter, litter, debris, junk appliances, junk mobile homes, or junk vehicles.
The Town Board of the Town of Wilna shall have the following enforcement alternatives available to it:
The issuance of an appearance ticket or summons returnable in the Town Court.
Upon conviction of a first offense, the imposition of a fine of not more than $250 and/or 10 days in jail.
Upon conviction of a second offense within a five-year period, a fine of not less than $100 nor more than $500 and/or 15 days in jail.
Upon conviction for a third or subsequent offense within a five-year period, a fine of not less than $500 nor more than $1,000 and/or 15 days in jail.
In interpreting this section, each week that a violation shall be carried on or continued, shall constitute a separate offense.
In addition to any other penalties which may be imposed, the Town Board may conduct a hearing to determine whether such violation constitutes a significant public health or safety issue. Such hearing shall be on a minimum of 10 days' notice to the owner, which notice may be served personally or by certified mail, return-receipt requested, to the last known address of the owner as shown on the current completed tax rolls of the Town. Such notice shall specify the date, time, and place of the hearing, the purpose of the hearing, the nature of the alleged violation, that the owner may be present and participate in the hearing individually or through counsel, the fact that if the Town does determine that there is a significant health, safety, or welfare issue, that it may enter the property to clean up the violation and that all costs so incurred would be charged back to the property owner as a special assessment on the taxes. Following the hearing, the Town Board shall make findings of fact. Based on such findings, the Town Board shall determine whether any remedial action is required. The Town Board shall notify the owner of its decision in the same manner as the notice of hearing. If no corrective action is taken within 10 days of such notice being given (mailed), then the Town Board may authorize entry onto the property to do such remediation work and may charge all costs so incurred as a special assessment on the taxes.
In addition to all other remedies available to the Town under this section, the Town shall further have the authority and ability to seek injunctive relief in a court of competent jurisdiction.
If any part of this article shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not effect the validity or enforceability of any remaining section or provision of this article.