[Adopted 10-1-1996 by L.L. No. 21-1996]
A.
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,[1] 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.
[1]
Editor's Note: Schedule A, Toxic Substances, is located at the end of this chapter.
B.
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]
A.
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.
B.
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.
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
