[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 5-8-1990 by L.L. No. 1-1990 (Ch. 47 of the 1982 Code). Amendments
noted where applicable.]
It is hereby declared and found that abandoned, junked, discarded
and dismantled or currently unlicensed motor vehicles in and upon
real property within the Village of Walden affect the public interest
and constitute a nuisance in that health, fire and safety hazards
are created, and such vehicles are subject to supervision and control
for the purpose of safeguarding the public health, safety and general
welfare of the people of the Village of Walden.
As used in this chapter, the following terms shall have the
meanings indicated:
The Village Manager or the individuals employed by the Village
of Walden designated by the Village Manager to enforce the provisions
of this chapter.
[Added 3-10-1998 by L.L. No. 1-1998]
Any motor vehicle which is without a currently valid license
plate or plates and is in either a rusted, wrecked, discarded, dismantled,
partly dismantled, inoperative or abandoned condition or is without
a currently valid license plate or plates and is incapable of passing
a New York State motor vehicle inspection.
[Amended 3-10-1998 by L.L. No. 1-1998]
Includes any device in, upon or by which a person or property
is or may be transported or drawn upon a public highway, propelled
by any power other than muscular power, including motorcycles, motorbikes
and boats or house trailers.
It shall be unlawful for any person, firm or corporation, either
as owner, lessee, occupant or otherwise, to store or deposit or cause
or permit to be stored or deposited an abandoned, junked, discarded,
dismantled or partly dismantled or currently unlicensed motor vehicle,
as hereinbefore defined, in and upon any real property within the
Village of Walden.
[Amended 3-10-1998 by L.L. No. 1-1998[1]]
Any person committing an offense against any of the provisions
of this chapter shall be guilty of a violation under the Penal Law
and, upon conviction thereof, shall be punished by a fine of not less
than $100 nor more than $250. For the purpose of this chapter, each
day a violation continues shall constitute a separate violation.
[Amended 3-10-1998 by L.L. No. 1-1998]
A.
In addition to the provisions of § 284-4 above, the enforcement officer shall serve or cause to be served a written notice upon the owner, lessee or occupant of any premises to comply with the provisions of this chapter. If the owner of such lot or land is absent from the Village or is a nonresident of the Village, the enforcement officer shall mail or cause to be mailed, by certified mail, return receipt requested, such written notice to such owner, addressed to the last known address as the same may appear upon the last assessment roll.[1]
B.
If the person upon whom the notice is served fails, neglects or refuses
to comply with the provisions of the notice within 10 days after mailing
of notice as aforesaid, the enforcement officer shall advise the Village
Board, and the Village Board shall hold a hearing on the removal of
the junked vehicle(s) by serving not less than seven days' notice
upon the owner, lessee or occupant of the premises within the Village,
either by personal service or by mailing notice of the hearing by
certified mail, return receipt requested, as aforesaid. Following
the hearing by the Village Board, the Village Board may direct the
enforcement officer to cause the junked vehicle(s) to be moved and
destroyed and such nuisance to be suppressed, and the total cost thereof,
plus 10% of the total, shall be certified to the Village Clerk and
shall be assessed upon the premises on which the junked vehicle(s)
was found and shall constitute a lien and charge upon the lots or
parcels of land on which it is levied until paid or otherwise satisfied
and shall be collected in the manner provided by law for the collection
of delinquent taxes.
A.
This chapter shall not apply to any properties occupied and used
for the repair, reconditioning and remodeling of vehicles in conformance
with the Code of the Village of Walden, except that any motor vehicle
on any such property for a period of 30 days may be deemed an abandoned,
junked, discarded, dismantled, partially dismantled or currently unlicensed
motor vehicle or vehicles and subject to all provisions of this chapter.
B.
Nothing in this chapter shall be construed to prohibit the parking
of not more than one currently unlicensed vehicle upon premises occupied
by the owner of such vehicle, provided that such vehicle is not in
a rusted, wrecked, discarded, dismantled, partly dismantled or abandoned
condition and it is capable of passing a New York State motor vehicle
inspection.
[Amended 3-10-1998 by L.L. No. 1-1998]
