[HISTORY: Adopted by the Town Board of the Town of Albion 4-14-1989
by L.L. No. 1-1989. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that open storage
of abandoned motor vehicles on property within the Town of Albion constitutes
an immediate threat to the health, safety and welfare of the residents of
the Town of Albion and, in addition, is a detriment to property values and
detracts from the appearance and visual environment. Said vehicles constitute
an attractive nuisance for young children and hazardous receptacles of gasoline,
gasoline fumes, broken glass, sharp metal, combustible and other potentially
dangerous materials. The purpose of this chapter is to eliminate those fire
and health hazards, to stabilize and improve property values in the Town,
to ensure the continued economic development of the area and to protect and
enhance the physical and visual environment in the Town through the regulation,
restraint and elimination of open storage on property within the Town of Albion
of abandoned motor vehicles.
It shall be unlawful for any persons or legal entity, either as owner,
occupant, lessee, agent, tenant or otherwise of property within the Town of
Albion, to keep in open storage an abandoned motor vehicle or any part or
piece thereof on property within the Town of Albion unless:
C.
Said motor vehicle is under repair, reconstruction, refurbishing
or being offered for sale by the owners thereof, who must actually be residing
at the premises. Such motor vehicle must be under a special permit applied
for and issued by the Code Enforcement Officer. Such permit shall state the
date of issuance, name and address of owner/resident, make, model, year and
color of the vehicle and shall be valid for six months. Not more than one
such motor vehicle shall be permitted at any one time on any premises. Said
motor vehicle must be maintained and protected as to not create any safety
hazard or nuisance to surrounding property owners and shall not remain on
the premises more than six months.
[Amended 10-28-2002]
D.
Said motor vehicle is kept under permit issued by the
Code Enforcement Officer in open storage on the premises of a duly authorized
motor vehicle service station or body repair shop or other similar business
establishments while awaiting repair or servicing at such place of business
for not more than 60 days and shall be stored in an orderly fashion. The permit
required under this subsection may be issued by the Code Enforcement Officer
upon application to such Officer and payment of any fee for the same established
from time to time by the Town Board of the Town of Albion. Such permit shall
be in effect until revoked and shall specify the maximum number of abandoned
motor vehicles as defined herein which may from time to time be kept in open
storage on the premises described in the application. Any permit issued under
this subsection may be revoked by the Code Enforcement Officer for failure
to comply with this chapter or other applicable ordinances, rules, regulations,
laws or statutes. Appeals from the determination of the Code Enforcement Officer
under this subsection shall be to the Zoning Board of Appeals.
A.
ABANDONED
ENFORCEMENT OFFICER
MOTOR VEHICLE
OPEN STORAGE
PERSON
As used in this chapter, the following terms shall have
the meanings indicated:
A motor vehicle shall be deemed abandoned for purposes of this chapter
if left unattended on property within the Town of Albion with no valid number
plates affixed thereto or in such condition as to render it incapable of being
legally operated on the highways of the State of New York or legally registered
within the State of New York. If the motor vehicle is one which is not required
to be licensed or one which is not ordinarily used on the public highway,
the fact that said motor vehicle has remained unused for a period of six months
and is not capable of being operated under its own power is presumptive evidence
that said motor vehicle is abandoned.
The Code Enforcement Officer of the Town, unless the Town Board by
resolution designates some other Town officer as "enforcement officer."
Any and all vehicles designed to be propelled or drawn by power other
than muscular power. For the purpose of this chapter, the term "motor vehicle"
shall include automobiles, trucks, buses, motorcycles, tractor trailers, mobile
and motor homes, snowmobiles and all-terrain vehicles. It shall not include
pieces of equipment used in agriculture unless the same were originally designed
for use on the highways.
Any individual person or persons, firm, partnership, corporation,
whether business, membership, religious, charitable or otherwise, any association
or other unit or entity owning real property in the Town of Albion outside
any village therein.
B.
Word usage. The use of a term in the singular herein
is intended, where applicable, to include the plural.
[Amended 10-28-2002]
If it is determined that a violation of this chapter has occurred, the
Code Enforcement Officer shall serve or cause to be served written notice,
either personally or by registered mail, return receipt requested, upon the
owner, occupant, tenant or person having charge of such private property,
advising said person of such violation. Said notice shall contain a general
description of the premises and may include or refer to sections of the chapter
violated and the approximate location of such motor vehicle or vehicles. The
notice shall also contain an order of the Code Enforcement Officer requiring
that such person cease and desist in said violation within 10 days after receipt
of said notice. In the case of a second documented offense, the ten-day notice
may be waived and an appearance ticket may be issued immediately.
[Amended 8-11-2003 by L.L. No. 2-2003]
The open storage of each abandoned vehicle as defined in this chapter
shall constitute an offense and each day's continued violation shall constitute
a separate violation. Any person committing an offense against the provisions
of this. chapter shall be punishable, upon conviction thereof, by a fine of
not less than $50, nor more than $250, or by imprisonment for not more than
15 days, or both fine and imprisonment.
