[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:
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.
Any stove, washing machine, dryer, freezer, refrigerator,
microwave or other household device or equipment abandoned, junked,
discarded, or wholly or partially dismantled.
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.
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:
It is unregistered.
It is either abandoned, wrecked, stored, discarded, dismantled
or partially dismantled;
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.
A.
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.
B.
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.
C.
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:
A.
The issuance of an appearance ticket or summons returnable in the
Town Court.
(1)
Upon conviction of a first offense, the imposition of a fine of not
more than $250 and/or 10 days in jail.
(2)
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.
(3)
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.
(4)
In interpreting this section, each week that a violation shall be
carried on or continued, shall constitute a separate offense.
B.
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.
C.
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.
