LOCAL LAW #5 OF 2006
Proposed Local Law # 5 of the Year 2006
Be it enacted by the Town Board of the Town of Brant as follows:
Section 1. Purpose.
The purpose of this chapter is to promote the general health, safety and welfare of the residents of the Town of Brant and to protect the value of real property in the Town of Brant and to promote and perpetuate the attractive appearance of neighborhoods in the community, by requiring proper maintenance of real property within the Town of Brant.
Section 2. Prohibited acts.
A. It shall be a violation of this chapter for any owner, or other occupant or person having control of real property in the Town of Brant to deposit, abandon, maintain, keep or allow the accumulation on their real property, outside of any building, of any junk, trash, rubbish, garbage, refuse, debris, discarded materials, and any other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare or creates degradation through unsightliness.
1) Examples of such materials are as follows:
a. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
b. Putrescible and nonputrescible solid wastes, (except body wastes), such as garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
c. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as felled or cut trees, limbs, lumber and construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery and similar materials.
d. Any boat, snowmobile, all-terrain vehicle, marine and/or aircraft item or other such device, vehicle or machinery, which is in a state of disrepair or is otherwise dilapidated, broken, or abandoned.
e. Abandoned, discarded, broken, or inoperable refrigerators, washing machines or other machinery or appliances or parts thereof. Any such items stored on any yard or lot for a period of more than 10 days shall be presumed to be abandoned and subject to enforcement.
f. Unless the proper permits and licenses have been granted pursuant to some other provision of law (such as a permit or license to operate as an auto dealer and/or rebuilder), having more than one (1) automobile, truck, or other vehicle originally intended for use on the public highways which is unregistered, old, or secondhand and no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if it does not bear:
1. A current registration from the State of New York or other recognized registering jurisdiction; or
2. An inspection certificate issued within the last 12 months in accordance with the laws of the State of New York or the laws of any other recognized inspecting jurisdiction.
Notwithstanding the foregoing provisions, it shall not be a violation of this chapter for the owner or occupant of real property to keep or maintain on such property vehicles and/or equipment used to maintain such property or vehicles and/or equipment used for agricultural purposes on such property.
2) Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section.
B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in subsection A above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighboring properties or from a highway. Notwithstanding the foregoing, such storage in a front yard as defined in the Town Zoning Ordinance, is forbidden under all circumstances.
Notwithstanding the foregoing subsection, it shall not be a violation of this law for the owner or occupant of a parcel of real property to have not more than one (1) unregistered and/or unlicensed motor vehicle situated or located on the front yard of said parcel for purposes of re-sale, provided that the title for such motor vehicle must be in the name of such owner or occupant and further provided that such motor vehicle shall be located in a manner that will not obstruct visibility for vehicular traffic travelling on public highways and entering or exiting private driveways.
Section 3. Penalties for offenses.
A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $350 or a sentence of imprisonment not to exceed 15 days, or both.
Section 4. Enforcement.
A. The Code Enforcement Officer of the Town of Brant is hereby authorized to enforce the provisions of this chapter.
B. Upon receiving a complaint or upon any inspection of a property, the Code Enforcement Officer shall determine whether or not there appears to be a violation of this chapter. Upon determining that this chapter has been violated, the Code Enforcement Officer shall give the owner of the real property or other person charged with the maintenance of the property, if known, written notice setting forth the nature and existence of the violation, and the provisions of this chapter violated, and directing that the violation be terminated or corrected within 10 days of the date of such notice. Such notice shall be given personally to the owner, lessee, occupant or other person, or by posting a copy of the notice in a conspicuous place on the real property, or by mailing the same to the address of the real property or that listed by the owner for the receipt of tax bills.
C. If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Code Enforcement Officer may file a written complaint, signed by the complaining party, specifying the conditions, acts or omissions constituting a violation of this chapter, the address of the real property where the violation is taking place, the name and address of the owner, occupant, lessee, tenant and/or other party having control of the real property, with the Town Justice and shall issue and serve on the real property owner an appearance ticket requiring his or her appearance in court. The Code Enforcement Officer shall also file proof of compliance with Subsection B above. In the alternative, the Code Enforcement Officer or any complaining or aggrieved party may file a written complaint, signed by the complaining party, with the Town Justice specifying the conditions, acts, or omissions constituting a violation is taking place, the name and address of the real property owner, occupant, lessee, tenant or other party having control of the real property, and facts showing compliance with Subsection B of this section. Upon receipt of such complaint, the Town Justice may issue a written summons directing the property owner or other responsible party to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed.