Town of Hamlin, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hamlin 9-11-1989 by L.L. No. 5-1989 (Ch. 116 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 314.
Vehicles and traffic — See Ch. 470.
Motor-driven vehicles — See Ch. 482.
Zoning — See Ch. 520.

§ 476-1 Title.

This chapter shall be known as the "Junk Vehicle Law of the Town of Hamlin."

§ 476-2 Legislative intent.

A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants, and such an environment is essential to the Town and the general welfare of its citizens. The unrestrained accumulation of motor vehicles not in operating condition is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the regulation and restraint thereof.

§ 476-3 Definitions; word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL GARAGE
Any business repairing motor vehicles or any part thereof.
ENFORCEMENT OFFICER
The Building Inspector of the Town, unless the Town Board, by resolution, designates some other Town officer as enforcement officer or, by resolution, establishes the position of enforcement officer for the Town and appoints some qualified person thereto at a salary specified in such resolution.
[Amended 12-11-2006 by L.L. No. 8-2006; 8-10-2009 by L.L. No. 3-2009]
(1) 
Any motor vehicle stored, left or located by its owner or any other person on public or private property in the Town of Hamlin, which motor vehicle is:
(a) 
Dismantled or partly dismantled, and which is no longer intended or in condition for legal use upon the public highway;
(b) 
Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein or for the purpose of disposing of the same;
(c) 
In such condition as to cost more to repair and place in operating condition than its reasonable market value at the time before such repairs.
(2) 
With respect to any motor vehicle not required to be licensed, any motor vehicle not usually used on public highways, and any motor vehicle used seasonally in agricultural business, the fact that such motor vehicle has remained unused for more than nine months and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle.[1]
(3) 
The fact that a motor vehicle which may be licensed or registered with the State of New York does not display a current license plate shall be presumptive evidence of the fact that such motor vehicle is unlicensed.
(4) 
For the purpose of this chapter, "stored" or "located" shall mean any locations where the junk vehicle is visible from a public highway or from a dwelling unit on a neighboring property.
LEGAL OCCUPANT
Any person who, singularly or together with other persons, is in possession of real property pursuant to an agreement with the owner thereof. The term shall include tenants, contract vendees and licensees.
MOTOR VEHICLE
Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power.
OWNER OF PRIVATE PROPERTY
A person owning real property in the Town. A parcel of real property owned by more than one person shall be considered as having each such person be an owner.
PARCEL OF PROPERTY
Real property appearing on the tax rolls of the Town as one unit, whether occupied or vacant, irrespective of size or topography.
PERSON
Includes natural persons, corporations, copartnerships, unincorporated associations or any other organization of two or more persons.
TOWN
The Town of Hamlin and its officers and agents; also public and private areas within the Town.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The term "shall" is always mandatory. Words used in the singular shall include the plural and vice versa.
C. 
The reference to other sections of the Hamlin Town Code as "ordinances" shall include those sections of the Code adopted as local laws.

§ 476-4 Restriction on open storage. [1]

It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Hamlin, to store or deposit or cause or suffer or permit to be stored or deposited a junk vehicle or part or piece thereof on any private property within the Town of Hamlin unless:
A. 
Such motor vehicle is stored or deposited in a completely enclosed building.
B. 
Such motor vehicle, if in open storage, is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing upon the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises except as permitted in this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 476-5 Permit required; application; issuance.

A. 
Any person wishing to store or locate a junk vehicle on a parcel of property other than in a completely enclosed structure must first obtain a permit from the Town's enforcement officer allowing such storage.
B. 
That permit may be granted after an application has been made showing:
(1) 
The make, model and year of the vehicle.
(2) 
The name and address of the last registered owner and last registration plate number as issued by the appropriate Department of Motor Vehicles.
(3) 
The vehicle identification number.
(4) 
Evidence of the applicant's ownership or title to such vehicle.
(5) 
The purpose(s) for which the junk vehicle(s) is (are) being stored or located.
(6) 
The proposed location depicted on a map of the property indicating where on the property the junk vehicle is to be located or stored.
C. 
Purposes for which junk vehicles can be stored or located other than in a completely enclosed structure are as follows:
(1) 
Antique or classic car restoration for vehicles 25 or more years old. A permit will be issued on an annual basis, renewable for a year at a time.
(2) 
Restoration of other than an antique or classic car. A permit will be issued for a one-year period, renewable for one additional one-year period. The renewal shall be granted only if the junk vehicle has been improved since the issuance of the original permit.
(3) 
Removal of parts or components. A permit will be issued for a sixty-day period, renewable for one sixty-day period only.
D. 
A permit for a commercial garage will be issued to an applicant who is registered with the New York State Department of Motor Vehicles as a motor vehicle repair shop and whose parcel of property upon which the junk vehicles are to be stored is in an area designated as a commercial district pursuant to Chapter 520, Zoning, of the Code of the Town of Hamlin or who has a special permit issued by the Town Zoning Board of Appeals to operate a motor vehicle repair shop in any other district or who has a nonconforming use which predated the adoption of Chapter 520, Zoning.
E. 
Permits shall not be granted under this chapter for dealers in secondhand junk and auto parts. Such dealers must comply with the laws and ordinances licensing and regulating dealers in secondhand junk and auto parts activities and businesses.

§ 476-6 Abandonment or storage of vehicles.

Any owner or legal occupant of a parcel of property in the Town who shall abandon, store, locate, leave or allow or condone any other person to abandon, store, locate or leave a junk vehicle upon a parcel of property owned or occupied by him within said Town, contrary to the provisions hereof, shall be guilty of a violation hereof. Any person, whether as owner or driver of a vehicle or an operator of a towing vehicle or carrier, who shall abandon, store, locate or leave a junk vehicle upon a parcel of property in the Town of which he is not either the owner or legal occupant, without the written permission of the legal occupant, shall be guilty of a violation hereof.[1]
[1]
Editor's Note: Original § 116-7, Removal, which immediately followed this section, was deleted 8-10-2009 by L.L. No. 3-2009.

§ 476-7 Penalties for offenses.

A violation of this chapter or any provision or part thereof is hereby declared to be a violation punishable by a fine of up to $100 for each violation and by imprisonment for up to 15 days, or by both such fine and imprisonment. A violation of this chapter shall also subject the violator to a civil penalty of $100 for each violation, less any criminal monetary fine which may have been imposed. Each junk vehicle abandoned, stored, left or located in violation of this chapter shall constitute a separate violation. Each day's continued violation shall constitute a separate and distinct violation.

§ 476-8 Injunctive relief.

In addition to the penalties set forth above, the Town may commence an action in its own name against any person in any civil court of competent jurisdiction to seek an injunction to enforce compliance with this chapter. Such an action for injunctive relief may be independent of or a part of an action to collect the civil penalties as hereinabove provided.

§ 476-9 Enforcement procedure.

[Added 8-10-2009 by L.L. No. 3-2009]
A. 
The enforcement officer, upon detecting a junk vehicle, shall serve written notice, either personally or by mail, on the person owning the parcel of property on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 15 days of the date of such service. Such notice shall contain a description of the parcel of property, a statement as to the location thereon of a junk vehicle and a reference to this chapter and to the fact that the location of such junk vehicle on such parcel of property is in violation of this chapter. If such parcel of property is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served or to the owner and/or all owners if no owner was personally served, by registered or certified mail to their or his last known address as shown on the latest completed assessment roll of the Town. In addition, the enforcement officer shall post conspicuously a copy of such notice on the parcel of property upon which said junk vehicle is located.
B. 
At the expiration of 15 days after the service or mailing and posting of such notice, if such junk vehicle has not been removed, the enforcement officer is authorized to issue an appearance ticket or tickets for a violation or violations of this chapter to recover penalties prescribed by § 476-7 of this chapter.

§ 476-10 Alternate enforcement procedure.

[Added 8-10-2009 by L.L. No. 3-2009]
In addition to any penalty or fine as provided in § 476-7 hereof, or the remedy provided in § 476-8 hereof, any junk vehicle may be removed from the premises upon which it is located in the following manner:
A. 
The enforcement officer, upon detecting a junk vehicle, shall serve written notice, either personally or by mail, on the person owning the parcel of property on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 15 days of the date of such service. Such notice shall contain a description of the parcel of property, a statement as to the location thereon of a junk vehicle and a reference to this chapter and to the fact that the location of such junk vehicle on such parcel of property is in violation of this chapter. If such parcel of property is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served or to the owner and/or all owners if no owner was personally served, by registered or certified mail to their or his last known address as shown on the latest completed assessment roll of the Town. In addition, the enforcement officer shall post conspicuously a copy of such notice on the parcel of property upon which said junk vehicle is located.
B. 
At the expiration of 15 days after the service or mailing and posting of such notice, if such junk vehicle has not been removed, the enforcement officer shall report such fact to the Town Board in writing. Such report shall cite the violation, the notices given as required hereunder and the failure to comply therewith and may include or refer to photographs of such junk vehicle and of the parcel of property upon which it is located. Such report shall be entered in the official minutes of the Town Board by the Town Clerk, and any such photographs shall be filed in the Town Clerk's office. The Town Board shall thereafter hold a public hearing on 10 days' prior notice published in the official newspaper of the Town and posted on the signboard of the Town. Such notice of hearing is to give the property owner and/or the owner of such junk vehicle an opportunity to be heard as to why the same has not been removed and also for the Town Board to receive proposals for the removal of such junk vehicle. Notice of said hearing shall be served upon the owner(s) of such parcel of property by registered mail addressed to the address shown on the latest assessment roll of the Town and to such other address as the enforcement officer may reasonably believe to give appropriate notice.
C. 
After the hearing, the Town Board may contract for the removal of such junk vehicle. Any expense to the Town in accomplishing the removal of such junk vehicle may be assessed by the Town Board on the real property from which said junk vehicle was removed, and the expense so assessed shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged as other Town charges.
D. 
Any junk vehicle found to have been abandoned in the Town in violation of § 1224 of the Vehicle and Traffic Law of the State of New York shall be removed and disposed of in the manner as provided in said § 1224. The enforcement officer is authorized as the proper person to execute all notices and documents required to be given, mailed or filed with the Department of Motor Vehicles or any person.
E. 
Any junk vehicle released to the Town by its owner shall be disposed of at a public auction to the highest bidder, and the proceeds shall be added to the general fund of the Town. Any junk vehicle released to the Town by the owner or legal occupant of the parcel of property from which it is removed, who is not the owner of the junk vehicle, shall be disposed by the procedure set forth in Subsections A, B, C and D hereof. In the event that the junk vehicle is released to the Town by the owner or legal occupant of the parcel of property who is not the owner of the junk vehicle, there shall be no expense for the removal thereof chargeable to the person so releasing said junk vehicle.
F. 
Any person, firm or corporation who or which shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Hamlin in the removal and disposal of a junk vehicle, as provided in this chapter, shall be in violation of this chapter and subject to the fines and penalties provided herein.

§ 476-11 Authority to inspect.

The Town's enforcement officer shall have and is hereby given the authority to go upon any parcel of real property in the Town, public or private, exclusive of enclosed structures or buildings, at any time during daylight hours, to examine and inspect any vehicles or parts or components thereof to determine whether a violation of this chapter has been committed or to determine the condition of any vehicle or parts or components thereof. The officer shall notify the property owner, in writing, prior to entering on such property.

§ 476-12 Construal of provisions. [1]

Nothing herein contained shall be interpreted as amending or abrogating the effect or provisions of Chapter 520, Zoning, of the Code of the Town of Hamlin or any amendments to such chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).