Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 10-6-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 141.
Property maintenance — See Ch. 155.
Solid waste — See Ch. 174.
Vehicles and traffic — See Ch. 191.

§ 194-1 Findings and purpose.

The outdoor storage of abandoned, junked, discarded or inoperative motor vehicles upon privately owned and public properties within the Town increases with the passage of time. It is a source of vexation and annoyance not only to the members of the traveling public but to the owners and occupants of adjoining lands. The outdoor storage of such vehicles upon private lands is unsightly. It constitutes an attractive nuisance to children and a peril to their safety and adds to the risk of fire or explosion and environmental contamination whenever gasoline or other fluids are left in such vehicles. It depreciates the values of neighboring properties. The preservation of peace and good order, the suppression of vice, the benefit of trade, the preservation of public health and safety, the protection of property, the prevention and extinguishment of fires and explosions and preservation of the environment compel the Town of Union Town Board to legislate upon this subject matter. It is hereby declared that the adoption of this chapter has for its purpose the effective protection of the public health, safety and welfare and the termination of such obnoxious, harmful, unhealthy and dangerous practice.

§ 194-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
[Added 8-5-2009 by L.L. No. 8-2009]
MOTOR VEHICLE
Any vehicle originally or currently propelled or drawn by power, other than muscular power, originally or currently intended for use on public highways, private roads or trails or across open terrain, which said definition shall include but not be limited to automobiles, buses, trailers, trucks, tractors, motorcycles, minibicycles, detachable truck bodies and campers, pumps, tanks or any other device used in connection with a motor vehicle as hereinbefore defined.[1]
OPENLY STORED
Storage other than in a completely enclosed structure such as a garage, which such structure shall be constructed completely of wood, brick, masonry blocks or metal.
[1]
Editor's Note: The former definition of "no longer intended or in condition for use on the public highway," which immediately followed this definition, was repealed 8-5-2009 by L.L. No. 8-2009.

§ 194-3 Prohibited acts.

[Amended 10-6-2010 by L.L. No. 12-2010]
It shall be unlawful and a violation of the chapter for any person, entity, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to openly park, leave, store or deposit, or cause or allow or permit to be parked, left, stored or deposited, any motor vehicle no longer intended or in condition for legal use on the public highway, or parts or waste material from such motor vehicles, upon any private or public land or premises or highway within the limits of the Town of Union outside the limits of the Villages of Endicott and Johnson City unless the owner of said vehicle obtains a vehicle sales permit, seasonal use permit or restoration permit.

§ 194-4 Notice of violation; abatement by Town.

A. 
In the event of a charge of a violation of the provisions of this chapter occurring upon private land or premises or highway, and prior to the Town causing the removal and/or destruction of any motor vehicle which is in violation of this chapter, the Building Official or other law enforcement officer shall serve, or cause to be served, either personally or by mail, a written notice upon the owner, occupant, lessee, agent, tenant or person having charge of the land where such violation occurs to comply with the provisions of this chapter. If the person so served fails or refuses to comply with the provisions of this chapter within 15 days after the service of such notice, the Town of Union shall cause such motor vehicle to be removed and destroyed and such nuisance to be suppressed. All costs incurred by the Town, including the cost of causing the removal and/or destruction of any such motor vehicle, shall be assessed against the land where the violation occurs and shall constitute a lien thereon and shall be collected as provided by law. The Town shall also have all rights and remedies to collect said sum from the owner in a civil proceeding or as restitution in a proceeding under this chapter.
B. 
In case of a charge of a violation of the provisions of this chapter occurring upon public land or premises or highway, prior to causing the removal and/or destruction of any motor vehicle which is in violation of this chapter, the Building Official or other law enforcement officer shall serve, or cause to be served, either personally or by mail, a written notice upon the owner of the motor vehicle to comply with the provisions of this chapter. If the person so served fails or refuses to comply with the provisions of this chapter within 15 days after service of such notice, the Town of Union shall cause such motor vehicle to be removed and/or destroyed and such violation to be remedied. All costs incurred by the Town, including the cost of causing the removal and/or destruction of any such motor vehicle, shall be assessed against the land where the violation occurs and shall be the responsibility of the owner, and the Town of Union shall have all rights and remedies to collect said sum from the owner in a civil proceeding or as restitution in the proceeding under this chapter.
C. 
In the event that the Highway Superintendent of the Town of Union finds that a vehicle subject to a charge under Subsection B of this section is a safety hazard, the Building Official or other law enforcement officer shall cause such vehicle to be removed from the public land or premises or highway and stored prior to the expiration of the fifteen-day period set forth in Subsection B above.

§ 194-5 Restoration permit.

A. 
Upon written application and the fee as set from time to time by resolution of the Town Board, the Town Building Official shall issue a permit for the open storage of one motor vehicle otherwise prohibited by this chapter, pending the making of such repairs as are necessary to place this vehicle in condition for legal operation for use on the public highway or for such use as it was originally intended.
B. 
The application shall:
(1) 
Include a representation and agreement by the applicant that the applicant intends, within the permit period, to make all such necessary repairs and that if such repairs have not been made by the end of the permit period the applicant will terminate open storage of such motor vehicle within the Town of Union.
(2) 
State whether the applicant is the owner of said vehicle or, if not, the name and address of the owner, together with a complete description of the vehicle, the repairs to be effected and whether the applicant will make the repairs himself or, if not, the person or persons who will make such repairs.
(3) 
Set forth the place where the vehicle is presently stored, the place where the repairs will be made and the name and address of the owner of such property or the tenant in possession.
(4) 
State that the vehicle shall maintain a street setback of 15 feet from the street property line and shall conform to § 205-38, Visibility at intersections, of Chapter 205, Zoning.
C. 
The vehicle shall be adequately supported and shall not create a safety hazard while repairs are being made. Any violation will result in the immediate revocation of the restoration permit, and the vehicle shall be subject to the provisions of this chapter.
D. 
A separate permit shall be required for each vehicle and shall only be valid as to that vehicle and as to that particular place of storage designated in the application. All permits shall be issued for not in excess of 60 days. No more than one permit shall be issued for each vehicle.
E. 
Vehicles in violation of this chapter after the expiration of the permit herein provided for shall be removed and destroyed by the Town pursuant to the provisions of § 194-4 of this chapter.
F. 
A copy of the restoration permit shall be taped to the interior of the windshield of the vehicle. If the vehicle is visible from the street, the permit shall be placed so that it is visible from the street.

§ 194-6 Vehicle for sale permit.

A. 
Upon written application and a fee as set from time to time by resolution of the Town Board, the Town Building Official shall issue a permit for the open storage of one vehicle for the purpose of offering a vehicle for sale that is currently not registered or licensed or inspected under New York State law subject to the following conditions:
(1) 
The vehicle shall be owned by one of the inhabitants of the property where the vehicle is being offered for sale.
(2) 
The vehicle shall maintain a ten-foot street setback and be in compliance with § 205-38, Visibility at intersections, of Chapter 205, Zoning.
(3) 
A copy of the permit shall be affixed to the interior of the windshield in order that the permit information is visible from the street.
B. 
Only one permit shall be issued for a vehicle for sale at a time. A separate permit shall be required for each vehicle and shall only be valid as to that vehicle. All permits shall be issued for not in excess of 60 days. There shall be no extensions. A new permit shall be applied for in the event that more time is needed to sell the vehicle. The maximum number of permits that shall be issued for a vehicle is three for a total of no more than 180 days.
[Amended 12-18-2002 by L.L. No. 12-2002]

§ 194-7 Seasonal use vehicle permit.

[Amended 1-16-2002 by L.L. No. 1-2002; 10-6-2010 by L.L. No. 12-2010]
Upon written application and a fee as set from time to time by resolution of the Town Board, the Town Building Official shall issue a seasonal vehicle permit for the outdoor storage of one seasonal use vehicle on a parcel of property, subject to the following conditions:
A. 
The vehicle shall be owned by one of the inhabitants of the property.
B. 
The vehicle shall have a current inspection sticker permanently attached to the windshield.
C. 
The permit shall expire eight months after the date of issuance.
D. 
The vehicle shall not be parked within the required side or rear setback of the premises, and may not be stored in the required street setback except if stored in a driveway where it shall maintain a minimum street setback of 10 feet and shall comply with § 205-40, Visibility at intersections.

§ 194-8 Amnesty period.

A. 
No legal action shall be taken against any person, firm or corporation with regard to any violation of this chapter prior to this amendment, which violation exists on the date of the enactment of this amendment to this chapter; provided, however, that such person, entity, firm or corporation terminates all violations either by removal, repair or permit, as herein provided, within 30 days of the effective date of this amendment.
B. 
The provisions of this amnesty section shall not be interpreted as making legal for any other purpose the storage of any vehicle or to create any nonconforming use or to create any break in time with regard to the length of time that any vehicle has been illegally stored.

§ 194-9 Additional rules and regulations.

An enforcement officer and/or the Town Board of the Town of Union may make reasonable rulings and may issue reasonable regulations, including application forms and permits, for the furtherance of this chapter.

§ 194-10 Penalties for offenses.

A. 
Any person in violation of any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B. 
Any person found guilty of a second or subsequent violation of this chapter shall, upon conviction, be guilty of a violation of the Penal Law of the State of New York, punishable by a fine not less than $250 or by imprisonment for a term not to exceed 30 days, or by both such fine and imprisonment.
C. 
In addition to the above-provided penalties, the Town of Union may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. In addition, the total cost to the Town of attorneys fees and/or court or litigation costs to enforce the provisions of this chapter shall be an expense and obligation of the owner of the property, including its individual officers, managers, partners, members, and shareholders, and alternatively or in conjunction herewith, shall be assessed and levied upon the real property as a lien and charge until paid or otherwise satisfied or discharged and shall be collected as otherwise provided in the Town Law in the same manner and at the same time as other Town charges.
[Amended 9-18-2013 by L.L. No. 2-2013]