[HISTORY: Adopted by the Town Board of the Town of Ellicott 6-6-2005
by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall be known as the "Junk Vehicle Law of the Town of
Ellicott."
This chapter is to provide for additional methods of remedy other than those within Town Code Chapter 138 and within other regulations and laws because, for the purpose of promoting a clean, wholesome and attractive environment, it is declared to be of importance to the health, safety and welfare of the inhabitants of the Town of Ellicott to regulate, restrain and eliminate junk vehicles within the Town of Ellicott. This chapter is enacted in recognition of the findings that outdoor storage of even a single inoperable, unregistered, unlicensed or junk vehicle as defined by this chapter constitutes a nuisance, an annoyance to owners and occupants of adjoining property and an unsightly condition adversely affecting the general public, including the value of property therein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any automobile, bus, truck, tractor, mobile home, recreational vehicle,
motorcycle, snowmobile, and any other contraption originally intended or usable
in whole or in part as motorized transportation.
A.
The keeping of any junk vehicles as defined in § 139-3 of this chapter is prohibited within the Town of Ellicott, except as expressly permitted by this section.
B.
Exceptions:
(1)
One junk vehicle is permitted, provided that it is located
within a fully enclosed garage so as not to be visible from neighboring properties
or from a public street.
(3)
One unregistered motor vehicle is permitted, provided
that said vehicle:
(b)
Carries a valid and current New York State inspection
sticker or other state's valid and current inspection sticker; however,
in no event shall such vehicle be stored for more than six months.
(c)
Such vehicle is covered by a proper cover, such cover
being manufactured to attractively cover the specific vehicle, and such cover
being maintained as manufactured.
C.
Notice to remove.
(1)
A junk vehicle not within the exceptions provided above
shall be removed by the property owner upon which the junk vehicle is located
within four days of the notification by the Code Enforcement Officer of the
Town of Ellicott or his assistant or designee.
(2)
Notification by personal service or certified mail to
the reputed owner of said vehicle, if known, or any property owner upon which
said vehicle is located shall be sufficient.
A.
The owner or owners of the premises upon which the junk
vehicle is located, the owner of the junk vehicle, any person having possession
or custody of a junk vehicle or any other person, firm, corporation or other
entity which allows, permits or causes the keeping of a junk vehicle in violation
of this chapter shall be punishable as provided by this chapter.
B.
A violation of this chapter is an offense punishable
by a fine not exceeding $500 and/or imprisonment not exceeding 15 days. Each
day that a violation continues after four days from service of the notification
to remove the vehicle shall constitute a separate offense and shall be punishable
as herein provided.
C.
In the event of the failure to remove a junk vehicle
after the four-day notification to remove, the Code Enforcement Officer is
authorized to initiate the assistance of the Town of Ellicott Police Department
to cause the removal of said vehicle or vehicles, and all costs thereof, including
storage, shall be at the sole expense of the property owner and/or owner of
the junk vehicle. Said vehicle or vehicles, if unclaimed after four days,
shall be deemed abandoned and may be sold or otherwise disposed of in accordance
with § 1224 of the Vehicle and Traffic Law of the State of New York
or other applicable provisions of law.
D.
If the junk vehicle is kept on property owned by another,
then the property owner shall not be liable for any penalties, unless:
(1)
Said property owner consented or permitted or caused
the keeping of the junk vehicle on said owner's property or prevented
or obstructed the removal of such vehicles.
