[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.]
[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.
[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]
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.
[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.
[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.
[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.
[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.
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.
