[HISTORY: Adopted by the Board of Trustees
of the Village of Albion 5-27-2009 by L.L. No. 4-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Exterior property maintenance — See Ch. 155.
[1]
Editor's Note: This local law superseded former Ch. 121, Abandoned,
Junked, Discarded an Unregistered Motor Vehicles, adopted 11-14-2001
by L.L. No. 10-2001.
The outdoor storage of abandoned, junked, discarded
and unregistered motor vehicles on privately owned property within
the Village of Albion is detrimental to the health, safety and general
welfare of the community. The same also constitutes an attractive
nuisance to children and in many ways imperils their safety. Such
storage also endangers the person and property of members of the community,
since fuel tanks containing gasoline or gasoline fumes may easily
explode. Such storage is unsightly and depreciates property values.
The control of the outdoor storage of abandoned, junked, discarded
and unregistered motor vehicles on privately owned properties within
the Village of Albion is therefore regulated for the preservation
of the health, safety and general welfare of the community.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by all relevant facts, including
but not limited to any one of the following: the physical condition
of the motor vehicle, any statements as to its abandonment, the length
of time since the motor vehicle was last used on the public highways,
whether the motor vehicle is inspected, and whether the motor vehicle
is currently registered. With respect to a motor vehicle not required
to be registered or motor vehicles not usually used on public highways,
the intent of the owner shall be determined by the physical condition
of the motor vehicle, the length of time since it was last used for
the purposes intended and any statements as to its abandonment, and
other relevant facts.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of, or any motor vehicle whose owner cannot be found after due and
reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair
and replace the same in operating condition than the reasonable market
value before such repair.
Every vehicle originally designed and 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 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 being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Village of Albion.
Includes all parcels of real property privately owned, situated
in the Village of Albion, whether occupied or vacant.
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle which may be registered with the State of New York does not
display a current license plate or displays an expired license plate
shall be presumptive evidence of the fact that such motor vehicle
is not currently registered.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of property
within the Village of Albion, to store or deposit, or cause or permit
to be stored or deposited, an abandoned, junked or discarded motor
vehicle, or part or piece thereof, on any private property within
the Village of Albion, unless such motor vehicle is stored or deposited
in a completely enclosed building.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any
private property within the Village of Albion, to store or deposit,
or cause or permit to be stored or deposited thereon, an unregistered
motor vehicle unless:
(1)
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 local laws of the Village of Albion.
(2)
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 local laws and
ordinances of the Village of Albion.
(3)
Such motor vehicle is a camping, house or board trailer
otherwise stored and used in compliance with the local laws and ordinances
of the Village of Albion.
A.
If the provisions of the foregoing sections are believed
to be violated, the Code Enforcement Officer or any peace officer
shall serve a written notice, either personally or by registered,
certified or ordinary mail, upon the owner, occupant or person having
charge of such private property, to comply with the requirements of
this chapter. The Code Enforcement Officer or peace officer may determine
ownership of any parcel of land in the Village of Albion from the
current assessment roll of the Village and may serve written notice
upon the owner thereof by mailing such notice to the owner at the
address listed on the current assessment roll. If the Code Enforcement
Officer or peace officer is unable to determine the ownership or address
of the owner of said private property, such notification may be made
by publishing same in the official newspaper of the Village.
B.
This notice shall be in substantially the following
form:
To the owner, occupant or person having charge
of land within the Village of Albion briefly described as follows:
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(here describe subject property)
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NOTICE IS HEREBY GIVEN that an abandoned, junked,
discarded or unregistered motor vehicle is stored or deposited on
the above-described property in the Village of Albion. This vehicle
must be removed therefrom within five days from the date of this notice;
provided, however, that if this notice is served on you by publication
- said motor vehicle shall be removed within 10 days from the first
publication date of this notice.
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Failure to remove the abandoned, junked, discarded
or unregistered motor vehicle within the periods prescribed above
is a violation of this chapter.
Violations of this chapter shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or both.
All motor vehicles shall be removed at the owner's
expense. Any person, firm or corporation who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Village of Albion in the removal and destruction of a motor vehicle
by order of the Town Court of Gaines and/or Albion shall be subject
to the fines and penalties provided herein.