[Adopted 10-1-1996 by L.L. No. 21-1996]
No person shall place, deposit or dump or cause to be placed, deposited or dumped any garbage, flammable materials, junk, construction or demolition debris, asphalt, concrete, putrescible substances, bottles, cans, boxes, rags, shavings, shells, excrement, filth, refuse, ashes, leaves, grass clippings, vegetation of any kind, stones, dead animals, offal or waste matter of any nature or any toxic wastes, including but not limited to those substances set forth on Schedule A hereto, within the boundaries of the Town of Yorktown. Neither shall any person place, deposit or dump nor cause to be placed, deposited or dumped, for the purposes of abandonment, any automobiles, automobile bodies, lumber, metal, plaster or wood within the legal boundaries of the Town of Yorktown. Nothing herein shall prevent a private landowner from composting leaves, grass clippings or any other vegetation on such person's private property.
Any owner or person in control of premises upon which any of the foregoing shall be found shall, upon being ordered to do so by the Building Inspector of the Town of Yorktown or an Assistant Building Inspector of the Town of Yorktown, remove the same from the premises within 72 hours of having been so ordered. Any such order which is sent to any person within the State of New York, by mail, shall be presumed to have been received within two business days from the date of mailing. Any such order which is sent to any person outside of New York State by mail shall be presumed to have been received within four business days from the date of mailing.
[Added 6-3-1997 by L.L. No. 7-1997]
No person shall cause any vehicle which is not properly registered and which does not have properly affixed license plates to be parked on or in any public area or any private property accessible to the public within the Town of Yorktown (specifically including, but not limited to, all town-owned parking lots, all town parks, all shopping center parking lots, all office building parking lots accessible to the public, all store parking lots accessible to the public and all business parking lots accessible to the public) for a continuous period of 96 hours. Each 24 hours that such a vehicle remains in such parking area, lot, property or park beyond the initial 96 hours shall constitute an additional, separate and distinct offense.
If said vehicle remains parked for the stated continuous period of 96 hours, the Yorktown Police Department may have such vehicle removed and impounded. If the vehicle so removed is not redeemed or the applicable fines and costs of removal not paid within 30 days after levy of the fines or notice to the owner is received by the owner that the vehicle has been removed, whichever is sooner, the town may undertake to sell the vehicle at public auction.
For purposes of this article, the last registered owner of any vehicle shall be presumed to have placed such vehicle in the place where it is found, and, in addition to the penalties set forth under § 245-4, shall be responsible for the costs of removal and storage of such vehicle.
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a mandatory fine of not less than $1,000 and not more than $5,000, or by both such fine and imprisonment. In addition thereto, such person shall cause to be cleaned up and removed all dumped materials, including all materials in or about the vicinity of the dumped material, whether or not it can be shown that the violator, herself or himself, dumped such other materials. The Town Court is hereby authorized to request adequate bond to ensure such proper cleanup and removal.
Any person committing an offense against any provision of this article by causing a toxic substance, as described in Schedule A hereto, as such schedule shall be amended from time to time, to be dumped, shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a mandatory fine of not less than $2,500 and not more than $10,000, or by both such fine and imprisonment. In addition thereto, such person shall cause to be cleaned up and removed all dumped materials, including materials in or about the vicinity of the dumped materials, whether or not it can be shown that the violator, herself or himself, dumped such other materials. The Town Court is hereby authorized to request adequate bond to ensure such proper cleanup and removal. For purposes of this section, a "toxic substance" shall be any substance that is hazardous to life and health.
[Amended 1-6-1998 by L.L. No. 3-1998]
The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
It shall be the duty of the Building Inspector and his agents, the Environmental Code Officer, the Environmental Code Enforcer, as well as the Town Police Department, to enforce the provisions of this article.
Town Board action. In addition to, and not in substitution for, the penalty provisions of this section, the Building Inspector may refer an incident of noncompliance with a notice of violation to the Town Board for further action. Upon failure of a responsible person to comply with a notice of violation and in accordance with the procedures set out in Article 3 of the Public Health Law, the Town Board may direct correction of the violation at the expense of the town and may appropriate funds therefor, and all costs of such correction shall constitute a lien upon the subject property and shall draw interest equal to interest on delinquent taxes, and may be collected in the same manner as delinquent taxes.