[HISTORY: Adopted by the Board of Trustees
of the Village of Newark Valley as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 157.
[Adopted 11-28-1994 by L.L. No. 6-1994]
It is declared to be the policy of the Village
of Newark Valley that a healthy, wholesome and attractive environment
is important to the inhabitants of the Village and that the safeguarding
of their material rights is essential to the continued health of the
economy of the Village and its general welfare, further recognizing
that the unrestrained accumulation of motor vehicles and related parts,
except in a permitted and orderly manner, is a hazard to the health,
safety, welfare and comfort of the inhabitants of the Village of Newark
Valley. In order that unlicensed vehicle maintenance may be practiced
in accordance with this policy, these regulations, which shall be
known as, and which may be cited as, the "Unlicensed Vehicle Regulations
of the Village of Newark Valley, New York," have been adopted by local
law.
Unlicensed vehicles, abandoned or stored on
public and/or private property:
A.
Constitute a blight on the Village of Newark Valley.
B.
Tend to depreciate not only the property on which
they reside but also those properties in the immediate vicinity and
in the Village of Newark Valley in general.
C.
Are an attractive nuisance to children.
D.
Are replete with dangerous materials, including broken
glass, gasoline, battery acid, lubricating fluids and sharp/torn edges.
E.
Tend to be breeding grounds for rodents and insects.
F.
Promote uncontrolled growth of noxious weeds.
A.
LOCAL ADMINISTRATOR[1]
NOTICE OF VIOLATION
OPEN STORAGE
SPECIAL USE PERMIT
(1)
(2)
(3)
UNLICENSED VEHICLE
VEHICLE STORAGE PERMIT
VILLAGE
For the purpose of this article, certain words and
terms used herein are defined as follows:
The Code Enforcement Officer, Sheriff or whoever is deemed
by the Village Board of Trustees as the enforcement official for this
article.
A written notice from the local administrator or Sheriff's
office indicating that a violation has occurred.
Storage other than in a completely enclosed structure, constructed and maintained in accordance with Chapter 122, Property Maintenance, of the Code of the Village of Newark Valley and the Uniform Code of the State of New York.
A permit for occupancy of premises to be used for the purpose
of:
[Amended 10-11-1999 by L.L. No. 7-1999]
Repairing motor vehicles as a business.
Restoring a classic or antique vehicle (both defined as being
over the age of 25 years), show motor vehicle or a competition motor
vehicle (provided that either of any such show motor vehicle or competition
motor vehicle must be on a currently licensed trailer), such permit
shall be valid for a period of one year.
[Amended 4-11-2006 by L.L. No. 1-2006; 3-16-2017 by L.L. No. 2-2017]
The sale or repair of a motor vehicle, such
permit to be valid for a period of 30 days.
Any motor vehicle, or parts in accumulation thereof, which
is left abandoned, permitted to be located or deposited by anyone,
owner or otherwise, on public or private lands in the Village of Newark
Valley which:
A permit issued by the Village Clerk-Treasurer for the purpose
of allowing an unlicensed vehicle to be stored for a period of time
not to exceed one year.
The Village of Newark Valley.
[1]
Editor's Note: The former definition of "appeal,"
which immediately preceded this definition, was repealed 10-11-1999
by L.L. No. 7-1999.
B.
"May" is permissive, "shall" is mandatory, and "will"
is discretionary.
[Amended 10-11-1999 by L.L. No. 7-1999; 1-12-2016 by L.L. No. 1-2016]
A.
Except as provided by Subsection D below, no motor vehicle shall be kept, stored or maintained within the Village of Newark Valley unless the same shall have and display a duly issued, unexpired license number plate which will permit said motor vehicle to be operated on the highways of this state, in accordance with law, or unless such vehicle shall be kept, stored and maintained at all times within a fully enclosed structure or building.
B.
No part, parts (including tires), frame, body, wheels, rim, engines,
fenders, parts of the above or any part of what was once, or is now,
a motor vehicle shall be kept, stored or maintained anywhere within
the Village of Newark Valley, except in a fully enclosed structure
or building, unless the same shall be currently licensed so as to
permit it to be operated on the highways of this state.
C.
No parts for or of motor vehicles and no junk cars or unlicensed
inoperable motor vehicles shall be maintained within the Village of
Newark Valley except in fully enclosed structures or buildings.
D.
Open storage of one unlicensed vehicle is permitted on private property
within the Village of Newark Valley with a valid vehicle storage or
special use permit.
[Amended 3-16-2017 by L.L. No. 2-2017]
A.
Application for permit. Upon written application and the payment
of fees as established by resolution, the Village Clerk-Treasurer
may issue a special use permit or vehicle storage permit for allowing
the open storage of an unlicensed vehicle. All fees paid are nonrefundable
and all permits are nontransferable.
(1)
A vehicle storage permit shall be valid for a period of up to 90
days, renewable for a period of up to one year maximum.
(2)
A special permit for repairing motor vehicles for a repair business
licensed by the New York State Department of Motor Vehicles shall
be valid for a period of one year as long as the business is licensed
and in operation and shall be renewable on a year-to-year basis.
(3)
A special permit for repairing a vehicle by a nonlicensed business
or person shall be valid for a period of 30 days and shall not be
renewable.
(4)
A special permit for restoring a classic or antique vehicle (both
defined as being over the age of 25 years), show motor vehicle or
a competition motor vehicle (provided that either of any such show
motor vehicle or competition motor vehicle must be on a currently
licensed trailer) shall be valid for a period of up to one year and
shall be renewable.
B.
The permit application shall describe the vehicle, location where
it will be stored and estimated storage duration.
C.
Only one permit for one vehicle is issued for any single property
as defined by the Tax Map of the Village of Newark Valley.
D.
No further written notice is required from the Code Enforcement Officer
or Sheriff before proceeding with further legal action when a permit
has expired.
[Amended 10-11-1999 by L.L. No. 7-1999; 3-16-2017 by L.L. No. 2-2017]
A.
The Village may give written notice to the owner of an unlicensed
vehicle and/or unlicensed vehicle parts or to the owner of the property
on which an unlicensed vehicle is stored. The notice shall be delivered
by first-class mail, overnight mail or by personal service of the
Code Enforcement Officer. Upon failure of delivery, or if the owner's
or tenant's whereabouts are unknown, written notice may be placed
upon the unlicensed vehicle in a conspicuous manner. Service of such
notice shall be deemed completed upon service of such person, or 24
hours after either the mailing of the notice or placement on the vehicle.
B.
Written notice shall direct the person so served to terminate the open storage of the cited unlicensed vehicle 72 hours from service as noted in Subsection A above.
C.
If the person so served contends that the cited vehicle is not an unlicensed vehicle and/or unlicensed vehicle parts, such person, within the 72 hours of service of the notice as set forth in Subsection A above, shall provide adequate proof that the unlicensed vehicle and/or unlicensed vehicle parts are registered and that it is presently in condition for its original intended use or qualifies for a special use permit and one is immediately obtained.
[Added 10-11-1999 by L.L. No. 7-1999; 4-11-2006 by L.L. No. 1-2006; 9-11-2007 by L.L. No. 2-2007; 3-16-2017 by L.L. No. 2-2017]
A.
If, after 10 days following the service of the written notice as set forth in § 95-6A or expiration of a vehicle storage permit, the unlicensed vehicle and/or unlicensed vehicle parts remain in violation, the Village or representatives of the Village shall have the right to enter, remove and/or dispose of such unlicensed vehicle.
B.
Violation of the article shall also subject the violator to all applicable
fees as established by resolution, per separate violation, and/or
the cost to the Village for service of notices, inspections, removal,
reevaluations, towing charges, storage or holding fees and disposal
costs actually incurred. The Village Clerk shall promptly present
to the owner or occupant of each parcel a bill for the removal. At
the option of the Village, if the bill is not paid within 30 days
there shall accrue a penalty of 10% after 30 days and an additional
2% per month thereafter. The cost of the bill and any penalties may
be assessed against the property, and become a lien thereon, collectible
in the same manner as delinquent Village taxes.
C.
Each day of continued violation after the expiration of the original
written notice shall constitute a separate violation.
D.
For the failure to obtain any permit required by this article or
for the failure to renew such permit after the expiration thereof,
the following penalties shall apply:
E.
The Board of Trustees shall have the power to commence and maintain
an action for such costs in the violation of the Newark Valley Code,
pursuant to Article 13 of the Public Heath Law, irrespective as to
whether or not such violation is also a violation of the Public Health
Law of the State of New York or any code rule or regulation promulgated
thereunder.
The following shall be permitted as exceptions
to this article:
A.
Repair garages of any type when licensed under the
provisions of New York State law only with written permission or consent
from all residents owning property within 1,000 feet of such garage.
[Amended 10-11-1999 by L.L. No. 7-1999]
B.
Retail outlets for new and used cars, provided that
used cars are in operational condition and the retail outlet is licensed
under the Department of Motor Vehicles in the State of New York.
[At the time of publication of this volume,
the provisions pertaining to junkyards were under review by the Board
of Trustees. Upon completion of that review, said provisions will
be included in this article.]
