Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 1-25-1971 by L.L. No. 2-1971[1] (Ch. 145 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 221.
Vehicles and traffic — See Ch. 325.
[1]
Editor's Note: This chapter was originally adopted by L.L. No. 3-1970 but was renumbered upon filing with the Secretary of State.

§ 321-1 Outdoor storage prohibited; exceptions.

[Amended 2-11-1991 by L.L. No. 1-1991]
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to store or deposit or cause or permit to be stored or deposited an abandoned, damaged, discarded, unlicensed or inoperable motor vehicle or motor vehicles upon any private land within the corporate limits of the Village of Lancaster outside a completely enclosed building, except that:
A. 
New and/or used motor vehicles which are operable and qualify for a New York State motor vehicle inspection sticker under Article 5 of the New York State Vehicle and Traffic Law and are offered for sale to the public may be stored on premises on which new car sales and used car sales in connection therewith may be conducted in accordance with the Zoning Ordinance of the Village of Lancaster.[1]
[1]
Editor's Note: See Ch. 350, Zoning.
B. 
One noncommercial vehicle with a current inspection sticker may be stored for a period of not more than six months in any twelve-consecutive-month period with prior notice given to the Code Enforcement Officer of the Village of Lancaster, in writing, identifying the vehicle, specifying the period of storage, and provided further that the storage of the vehicle as aforesaid is not otherwise inconsistent with law.

§ 321-2 Notice.

[Amended 9-13-2004 by L.L. No. 6-2004]
A. 
If the provisions of the foregoing section are violated, the Code Enforcement Officer shall serve written notice, whether personally or by mail, upon the owner, occupant or person having charge of any such land directing compliance with the provisions of this chapter and notifying said owner, occupant or person having charge of any such land of the remedies and sanctions provided by this chapter.
B. 
Said notice should also provide that, if compliance with this chapter is not completed within 10 days, the Village of Lancaster, through its duly authorized agents and or employees, may enter the subject premises and remove the offending motor vehicle(s), and the expense incurred by the Village will be assessed against the above described land and shall constitute a lien thereon and be collected as provided by law, and that said owner, occupant or person having charge of such land may be subject to penalties as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of Village Code.

§ 321-3 Failure to abate violation.

[Added 9-13-2004 by L.L. No. 6-2004]
If the owner, occupant or person having charge of any such land fails to remove or otherwise abate the violation of this chapter within 10 days after service of this notice, the Village may enter the property to remove or otherwise abate the violation. For this purpose the Village may use its own personnel or hire a contractor. The cost incurred, whether Village personnel are used or a contractor is hired, will be billed to the owner(s) of the property.

§ 321-4 Cost to become a lien.

[Added 9-13-2004 by L.L. No. 6-2004]
Upon failure of the owner or owners to promptly pay the Village the costs incurred by the Village of Lancaster in removing or otherwise abating the violation, the Code Enforcement Officer shall certify the cost to the Assessor and thereupon the cost shall become a lien upon the real property involved and shall be added to or become part of the taxes next to be assessed and levied upon the real property and shall hear interest at the same rate as and be collected and enforced in the same manner as taxes.

§ 321-5 Penalties for offenses.

[Amended 6-29-1976 by L.L. No. 10-1976]
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse to remove said abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or who shall fail or refuse to comply with the provisions of any notice herein provided for or who shall violate any of the provisions of this chapter or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village in the removal and destruction thereof shall be, upon conviction thereof, subject to the penalties as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses.

§ 321-6 Disposition of unclaimed vehicles.

If in the enforcement of this chapter a vehicle is removed from the premises by the Village of Lancaster or its contractor, the following shall apply:
A. 
If the owner of a removed vehicle is unknown at the time of removal: the Code Enforcement Officer, through utilization of available information including the vehicle identification number, shall endeavor to identify within five business days the last known registered owner thereof. If the last known registered owner cannot be identified within five business days, the Code Enforcement Officer shall so report in writing to the Village Board. Not sooner than 10 days after such report is filed, said vehicle shall be disposed of in accordance with provisions of § 1224 of the New York State Vehicle and Traffic Law as if said vehicle were an abandoned vehicle as an abandoned vehicle is defined within § 1224 of the Vehicle and Traffic Law.
B. 
If the last known registered owner of a vehicle removed from a premises can be identified: the Code Enforcement Officer shall mail written notice in suitable form to the last known owner at the last known owner's last known address as to the location to which the vehicle has been removed and the reimbursement of Village expenses for towing and storage which must be paid in advance for the return of said vehicle and to which the Village shall be entitled. If after 10 days of said notice said vehicle is not retrieved, said vehicle shall be disposed of in accordance with provisions of § 1224 of the New York State Vehicle and Traffic Law as if said vehicle were an abandoned vehicle, as an "abandoned vehicle" is defined within § 1224 of the Vehicle and Traffic Law.