[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 4-8-1988 by L.L. No. 11-1988. Amendments noted where applicable.]
A recent canvas of the community has disclosed increasing evidence of
the uncontrolled placing or maintenance of junked, abandoned and discarded
motor vehicles on private property. The Board of Trustees finds that this
condition left unregulated constitutes an unsightly, unsafe and dangerous
condition. This chapter is written toward promoting and protecting the public
safety, health and general welfare of the community.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, including a trailer (motorized or not), which
is without a currently valid license plate or plates and is in such a rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned
condition so as to be no longer intended or in condition for legal use on
the public highways.
[Amended 2-9-1990 by L.L.
No. 3-1990]
Every vehicle originally designed or 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. For the purposes of this chapter,
the term "motor vehicle" shall include, but shall not be limited to, automobiles,
trucks, buses, motorcycles and trailers.
A person, firm or corporation having the property in or title to
a motor vehicle, including a person entitled to the use and possession of
a vehicle subject to a security interest in another person and also including
any lessee or bailee of a motor vehicle having the use thereof under lease
or otherwise.
A person, firm or corporation who is the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private premises
or private property located within the Village of Westhampton Beach.
Includes all parcels of real property which are situated in the Village
of Westhampton Beach, whether occupied or vacant.
The enforcement officer, Building Inspector or any delegated Ordinance
Inspector shall make the determination as to whether any particular vehicle
shall be classified as a junk vehicle and shall consider the following in
making this determination: the physical condition of the vehicle, any statements
as to its abandonment by the person in legal control thereof, the length of
time it was last used on the public highways, whether the vehicle is currently
licensed, whether or not the owner thereof intends to recover the vehicle
or whether or not the owner can be found after due and reasonable inquiry
and any other relevant facts.
It shall be unlawful for any person, firm or corporation to store or
place or cause or permit to be stored or placed a junked motor vehicle or
part or piece thereof on any property within the Village of Westhampton Beach
unless:
A.
Such motor vehicle is stored or placed on a premises
legally used, operated and located for a junkyard;
B.
Such motor vehicle is stored or placed in a completely
enclosed building;
C.
Such motor vehicle is the inventory or part of the inventory
of a new or used motor vehicle dealer located in compliance with the ordinances
and laws of the Village of Westhampton Beach;
D.
Such motor vehicle has been converted to and is actually
used as a permanent building or structure for carrying on purposes in such
manner and circumstances as authorized by the ordinances and laws of the Village
of Westhampton Beach; or
E.
Such motor vehicle is a camping house or boat trailer
otherwise stored and used in compliance with the ordinances and laws of the
Village of Westhampton Beach.
A.
Whenever the enforcement officer shall determine that
a vehicle at any location within the Village of Westhampton Beach shall be
classified as a junked vehicle, he shall serve an appearance ticket, as hereinafter
provided, upon the owner, occupant or person having charge of such private
property and upon the owner of or responsible agent for said junked vehicle
to comply with the requirements of this chapter.
B.
It shall be sufficient service of the appearance ticket
if it is served personally upon the owner or person having charge of said
junked vehicle or upon the owner, occupant or person having charge of such
private property on which the junked vehicle is located. It shall also be
deemed sufficient service of the appearance ticket if it is posted in a conspicuous
manner upon the premises and upon the vehicle affected, and a copy thereof
mailed by certified or registered mail, return receipt requested, on the same
day as such posting to the last known address of the owner of the junked vehicle
and of the owner of the real property on which said junked vehicle is located
as the same shall appear in the current assessment rolls.
In the event that an owner, occupant or person having charge of private
property or other person responsible for such junked vehicle is found guilty
of a violation of this chapter, such person shall be given a reasonable period
of time to either remove the vehicle or bring it into compliance with this
chapter. If such vehicle is not either removed or brought into compliance
with this chapter within a reasonable time, the Village Justice may issue
an order directing the removal of said motor vehicle by the Village of Westhampton
Beach Police or by a person engaged in the towing business within the Village
of Westhampton Beach.
A.
If the Village of Westhampton Beach proceeds with the
removal of a junked vehicle, the Village may let contracts therefor. The cost
of such removal may be met from appropriations made therefor. The enforcement
officer shall keep a record of such notices, together with the procedures
involved and the items of cost incurred in their execution. An impoundment
form shall be used by police for each removal.
B.
The person having charge of the private property on which
said junked vehicle is located and the owner of such junked vehicle shall
be required to reimburse the Village for all costs and expenses incurred by
the Village in connection with the proceeding to remove junked vehicles pursuant
to this chapter, including a reasonable storage charge for every day after
such removal and also including a reasonable charge for administration and
handling expenses. Said costs and expenses shall also be assessed against
the land on which said junked vehicle was located and from which it was removed
and shall be and become a lien on said land as of the date of such assessment
if reimbursement is not forthcoming from the above-described responsible persons.
C.
Notwithstanding the foregoing and in addition to any
other remedy, the Village of Westhampton Beach may maintain an action against
the owner of said junked vehicle and/or against the owner of the property
on which the junked vehicle is located to recover the cost of the removal
of such junked vehicle, including a reasonable storage charge for every day
after such removal and also including a reasonable charge for administration
and handling expenses.
A.
A violation of this chapter or any provision or part
thereof by any person, firm or corporation is hereby declared to be an offense,
punishable by a fine not to exceed $250 or by imprisonment for a term not
to exceed 15 days, or both.
B.
Any person, firm or corporation who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the Village
of Westhampton Beach in the removal and destruction of a motor vehicle shall
be subject to the fines and penalties provided herein.
C.
Each week's continued violation of this chapter shall
constitute a separate and additional offense.
The provisions of this chapter shall be enforced by the Police Department
of the Village of Westhampton Beach and/or Building Inspector and/or Ordinance
Inspector duly designated.
