[HISTORY: Adopted by the Town Board of the Town of Milton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-15-1990]
[Amended 3-19-1997 by L.L. No. 5-1997]
By adoption of this article, the Town Board of the Town of Milton declares
its intent in so doing to be to regulate and control the presence of abandoned
and unoccupied mobile homes and trailers within the limits of the Town of
Milton, exclusive of the Village of Ballston Spa. Said Town Board hereby declares
that the presence of abandoned and unoccupied mobile homes and trailers can
constitute a hazard to property and persons and a public nuisance. Such mobile
homes and trailers, their components and contents may be highly flammable.
These mobile homes and trailers frequently contain sharp metal or glass edges
or points upon which a human could receive serious cuts and abrasions. These
abandoned mobile homes and trailers can constitute an attractive nuisance
to children and certain adults. Abandoned and unoccupied mobile homes, due
to the nature of their construction, rapidly deteriorate and become unsafe
and attract vermin, insects and rodents. The presence of such abandoned mobile
homes and trailers is unsightly and tends to detract from the value of surrounding
land and property.
As used in this article, the following terms shall have the meanings
indicated:
The relinquishment of all right, title, claim and possession with
the intention of not reclaiming it or resuming its ownership, possession or
enjoyment.
A structure, transportable in one or more sections which is built
on a permanent chassis and designed to be used as a dwelling when connected
to the required utilities, and shall include any addition to such mobile home.
"Mobile home" shall not, however, refer to a camper trailer or a recreational
vehicle.
An individual, an association, a partnership or a corporation.
A vehicle with or without motor power designed for carrying persons
or property and for being drawn by a motor vehicle, and shall include such
vehicles from which tires and/or wheels have been removed.
That the subject mobile home shall have been not used for a residence
for a period of eight months prior to a violation hereunder; the eight-month
period may be extended an additional six months with proof of intent that
subject mobile home will be used for human occupancy.
A.
It shall be unlawful for any person to park, store, place
or otherwise deposit abandoned or unoccupied mobile homes or trailers in,
on or upon any premises, whether public or private, within the boundaries
of the Town of Milton, exclusive of the Village of Ballston Spa.
B.
It shall be unlawful for any person to suffer or permit the parking, storage, placing or otherwise depositing of any abandoned or unoccupied mobile home or trailer in, on or upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston, unless permitted by Chapter 180, Zoning.
This article shall not apply to persons who are dealers in new or used
mobile homes, provided that such persons are authorized by the State of New
York to conduct such activity; and provided, further, that the presence of
mobile homes is limited to the principal place of business of such dealer.
A.
Any person who commits or permits any acts in violation
of this article shall be deemed to have committed an offense against such
article 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.
B.
For every violation of any provision of this article,
the person violating the same shall be subject to fine of not more than $250
or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 3-19-1997 by L.L. No. 5-1997]
C.
Any person violating this article shall be subject to
a civil penalty enforceable and collectible by the Town in the amount of $100
for each offense. Such penalty shall be collectible by and in the name of
the Town for each day that such violation shall continue.
[Amended 3-19-1997 by L.L. No. 5-1997]
D.
In addition to the above-provided penalties and punishment,
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 article.
