It is hereby declared that a clean, wholesome, attractive environment
is of importance to the health and safety of the inhabitants, and,
in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the City and the general
welfare of its citizens. The open storage of junk motor vehicles not
in operating condition is a hazard to such health, safety and welfare
of citizens of the City, necessitating the regulation, restraint and
elimination thereof. This article is enacted in recognition of the
fact that even a single "junk vehicle" abandoned or stored on private
or public property:
A.
Can constitute both a public or private nuisance;
B.
Is a source of potential harm to children and others who find them
an attractive nuisance;
C.
Is replete with broken glass, sharp torn metal edges and points,
gasoline remaining in tanks of a highly explosive nature and combustible
nature, and harmful acids in batteries, to mention but a few of the
more obvious sources of potential physical harm found in "junk vehicles";
D.
Constitutes a blight on the City of Cortland landscape;
E.
Destroys the aesthetic qualities of the City of Cortland and is generally
unsightly;
F.
Tends to depreciate not only the property on which it is located,
but also the property of other persons in the neighborhood and the
City of Cortland generally;
G.
Makes the City a less safe and less pleasant place in which to live
and to do business;
H.
Damages the welfare of the City of Cortland as a whole;
I.
Tends to result in uncontrolled grass and the collection of debris;
and
J.
Tends to be a breeding ground for insects, rodents and similar harmful
creatures.
Open storage of one or more junk vehicles shall not be permitted on private or public property within the City of Cortland except as permitted by Chapter 164, Junkyards and Scrapyards, of the Code of the City of Cortland.
The City shall give written notice by registered or certified
mail or personal service on the owner of the junk vehicle or on the
owner or the tenant of any property on which a junk vehicle is openly
stored. If the owner of such premises is absent from the City or is
a nonresident of the City, the City Clerk shall mail or caused to
be mailed, by certified or registered mail, a copy of the notice addressed
to the owner at their last known address as the same may appear upon
the last City assessment roll. Such notice shall direct the person
so served (regardless of the ownership of the junk vehicle if the
property owner or tenant is served) to terminate the open storage
of such vehicle within the City of Cortland within 10 days of personal
service or within 13 days from posting, where service is by registered
or certified mail. The notice shall state that if the persons served
contend that said vehicle is not a junk vehicle as herein defined,
that they shall notify the City Code Enforcement Officer, in writing,
of such contention within 10 days if served personally or within 13
days if served by certified or registered mail (the failure of the
person served to so notify the Code Enforcement Officer shall not
be deemed in any way to be an admission that the vehicle is a junk
vehicle and no presumption shall arise from such failure); and shall
allow a representative of the City to inspect such vehicle within
five days of such notification. Within five days after such inspection,
the City shall inform the person served of its findings in writing,
by registered or certified mail or personal service. If the findings
are that one or more of the junk vehicles specified in the original
notice are being stored by the person served with the original notice,
said person shall terminate open storage of said junk vehicle within
the City of Cortland within five days of personal service of such
findings or within eight days from posting where service of such findings
is by registered or certified mail. If the person so served institutes
a proceeding under Article 78 of the Civil Practice Law and Rules
to set aside said determination, such termination of storage shall
not be required pending a decision in the proceeding; if the decision
upholds the City's determination, open storage of the vehicle within
the City shall be terminated within five days following service of
notice of entry of the court's order; or if an appeal is taken and
a court stay of execution of said proceeding is granted within five
days after expiration of the stay of execution.
Upon written application and the deposit as determined by the Common Council, the City Code Enforcement Officer may issue a permit for the open storage of a vehicle within the definition of a "junk vehicle" under the terms of this article, pending the making of such repairs as are necessary to place said vehicle in a condition for legal operation for use on a public highway. The application shall include a representation by the applicant that the applicant intends, within the permit period, to repair the vehicle so that it will be in condition for legal operation on public highways; that if said repairs have not been made by the end of the permit period, that the applicant will terminate open storage of the vehicle within the City of Cortland by the end of the permit period. The applicant shall state whether they are the owner of said vehicle or, if not, the name and address of the owner, together with a complete description of the vehicle, full details of its most recent registration by the State of New York, and the most recent inspection and its most recent inspection sticker, full details of the defect which is to be repaired under the permit, whether the applicant will make the repairs themself or, if not, the person or persons who will make such repairs, the estimated cost of such repairs, the place where the vehicle is presently stored, and the place where the repairs will be made, and whether the applicant is the owner or tenant in possession of the premises where the vehicle is stored and where it will be repaired. If the applicant is the owner or tenant in possession of such premises, as a part of the application, they shall give to the City and its designees a license to enter such premises for the purposes of inspecting said vehicle and for removing said vehicle from said premises following the expiration of the permit period if, at such time said vehicle is a junk vehicle as herein defined. If the applicant is not the owner or tenant in possession of such premises, the application shall include a license from the owner or tenant in possession of said premises to permit such inspection and removal. Such licenses shall also state that the City shall have the right to make such inspection and removal from any other premises owned by the applicant or the licensor to which such vehicle may be moved within the City of Cortland. Such license shall also state that it is irrevocable for a period of 90 days from the expiration of the permit. The deposit shall be refunded if, within the permit period, the vehicle shall cease to be a junk vehicle, as defined herein, or open storage within the City of Cortland of such vehicle is terminated; but if neither condition is complied with, shall be forfeited to the City of Cortland. A separate permit shall be required for each separate vehicle to be repaired. Such permits shall be issued for not in excess of 60 days and may be extended once only for up to 15 days. No permit shall be issued after the original notice provided for in § 220-11 has been personally served or mailed by registered or certified mail, unless the applicant supplies the permit officer with an affidavit stating that they had no knowledge of the Junk Vehicle Local Law, and the requirement that a permit be acquired for the restoration of junk vehicles, prior to bringing junk vehicles into the City. Inspection after the permit period has expired shall be at a time specified in a notice of inspection at least one day following personal service or three days following service by registered or certified mail. The applicant may participate in the inspection. The procedure of the preceding section for service of the determination, time for removal following such service, and for stays on appeal shall apply to such post-permit proceedings.
If within the time period provided for removal following service
of a determination that a vehicle is a junk vehicle, including any
extension of time resulting from any appeal or stay of execution,
the open storage of such junk vehicle within the City of Cortland
is not terminated, such junk vehicle shall be automatically deemed
a public nuisance, and the City or representative of the City shall
have the right to enter and remove such vehicle from any premises
within the City where such vehicle may be found and to dispose of
such vehicle. Neither the City nor any person acting on behalf of
the City shall be liable to any person for the disposal or destruction
of such junk vehicles. Said right of entry shall not be limited in
any way by the existence or lack of existence of a request, authorization,
license or other consent or approval of entry, inspection or removal.
The City Enforcement Officer may make reasonable rulings and
may issue reasonable regulations in furtherance of and consistent
with this article.
A.
Provided that such operations are permitted by all applicable zoning
laws and regulations, including rights under any nonconforming uses,
and including any limitations, restrictions or conditions established
according to law by the Common Council, the Zoning Board of Appeals,
the Planning Board or any court of competent jurisdiction and are
not in violation of any applicable private restrictive covenant or
agreement filed or recorded in the Cortland County Clerk's office:
(1)
Any wrecker may store junk vehicles on one site, but not on more
than one site, within the City, provided that no junk vehicle is so
stored within the City for more than 15 days;
(2)
Any commercial garage may store junk vehicles on any one site, but
not on more than one site, within the City, pending and during repair
of such vehicles, provided that no junk vehicle is so stored within
the City for more than 60 days, or if a permit for extended storage
is issued, for 60 days, plus any extension permitted;
(3)
Any wrecker-commercial garage may store junk vehicles on any one
site, but not on more than one site, within the City provided that
if such storage of any junk vehicle exceeds 15 days, that it shall
be pending and during repair and shall not exceed an additional 45
days, or if a permit for extended storage is issued, 45 days plus
any extensions permitted. Where a repair settlement is pending, in
good faith, the foregoing time periods shall not start to run until
either a repair settlement has been made or the junk vehicle has been
stored within the City for four months.
B.
For good cause shown, the permit officer may extend by permit any
time period for such period of time as they determine is reasonably
necessary to permit repair of a junk vehicle. The permit officer may
refuse to permit such extended storage if they determine that the
applicant has not attempted to completed repairs within the regular
time period, is not in good faith, or is in violation of this article
in any way. A fee as set by the Common Council shall be paid for each
permit and the applicant shall agree that the vehicle will be repaired
or removed from the City at the end of such extension or any subsequent
extension.
C.
Wreckers, commercial garages and wrecker-commercial garages shall
keep records showing the make, engine number, license plate number,
if any, vehicle owner, vehicle owner's address, purpose for storage,
any prior storage within 12 months by them or, if known, by anyone
else within the City, and the starting and ending dates of storage
of each junk vehicle. Such records shall be shown to City officials
upon request during business hours. Such records shall be prima facie
evidence of the statements therein contained, but shall be rebuttable.
In the absence of such records or other sufficient proof that a junk
vehicle has not been stored in violation of this article, the operator
of such businesses shall terminate storage of the vehicle within the
City within five days of receipt in person or within eight days of
the mailing of a notice to terminate such storage unless:
D.
Anything in this article notwithstanding, any disabled vehicle may be stored on the premises of any gasoline station for up to seven days. For this purpose, a vehicle shall be deemed disabled if within 24 hours prior to such storage its condition changes so that it becomes a junk vehicle as defined in § 220-2 of this article.
