[HISTORY: Adopted by the Town Board of the
Town of Union 10-6-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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]
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]
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followed this definition, was repealed 8-5-2009 by L.L. No. 8-2009.
[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.
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.
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.
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]
[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.
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.
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.
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]
