[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995
by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
The outdoor storage of junked, abandoned, unused or dangerous motor
vehicles or the parts therefrom within the Village of Colonie is a hazard
to the preservation of the public health, welfare and safety in that it constitutes
a health, fire and safety hazard and is an attractive nuisance to children,
which is a peril to their safety. Their outdoor storage constitutes a blight
on the Village's landscape; they are generally unsightly; and their existence
tends to depreciate the value of property in the neighborhood and the Village.
The control of the outdoor storage of junked, abandoned, unused or dangerous
motor vehicles or parts therefrom within the Village of Colonie is therefore
regulated for the preservation of the public health, safety and welfare of
its residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, the ownership of which cannot be reasonably determined
or of which the owner does not intend to recover possession.
Those vehicles which have been so modified for use on a track or
dragstrip that they cannot be legally operated on a public way.
Any motor vehicle which has smashed and broken windows and/or areas
of sharp and torn metal edges and points which cannot legally be operated
upon a public way.
A motor vehicle manufactured more than 25 years prior to the current
calendar year, which is owned and operated as an exhibition piece or collector's
item and is used for participation in club activities, exhibits, tours, parades,
occasional transportation and similar uses, but not used for general daily
transportation.
Any motor vehicle which is unregistered by the State of New York
or any other state and is not operable.
A parcel of land as described on the Village Tax Map.
A motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
Every vehicle which, if operated on the highways of this state, would
be required by law to be licensed by the Department of Motor Vehicles of the
State of New York.
Any motor vehicle which can be registered in the State of New York
and which can be legally operated upon a public way. "Operable" condition
shall be determined in the sole discretion of the Code Enforcement Officer.
Those vehicles which are either propelled by their own power or drawn
on the public highways and which are used as temporary residences, such as
tent trailers, travel trailers, campers or mini- and motor homes.
Any operable motor vehicle which is unregistered by the State of
New York or any other state and/or upon which is not displayed a valid state
inspection sticker.
Those vehicles having a seasonal or limited use, such as box trailers,
construction trailers and snow-removal or snowplowing equipment.
A person, other than a lienholder, having the property in or title
to a vehicle. The term includes a person entitled to the use and possession
of a vehicle, subject to a security interest in another person, and also includes
any lessee or bailee of a motor vehicle having the exclusive use thereof,
under a lease or otherwise, for a period greater than 30 days.
This chapter does not apply to competition vehicles, recreational vehicles,
utility vehicles, motorcycles or historic vehicles, unless such vehicle is
abandoned or dangerous.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise
of or on any property within the Village of Colonie, to store or deposit or
cause or permit to be stored or deposited a junked, abandoned or dangerous
motor vehicle or vehicles or parts therefrom in the Village of Colonie, except:
(1)
Within a wholly enclosed building.
(2)
That no more than 10 such motor vehicles may be stored
at one time in an open area at a gasoline filling station or outdoors at a
New York State licensed repair shop or body shop for the purpose of repair
or reconditioning, only provided that the outdoor storage of a specific vehicle
shall not exceed 30 days.
(3)
That nothing herein shall restrict the storage of unused
motor vehicles for sale by a duly licensed new or used car dealer.
(4)
As otherwise provided by law.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise
of or on any privately owned lot within the Village of Colonie, to store or
deposit or cause or permit to be stored or deposited an unused vehicle in
the Village of Colonie.
C.
Any junked, abandoned, unused or dangerous motor vehicle
or vehicles or parts therefrom stored or deposited in violation of this chapter
on any land in the Village of Colonie shall be removed by the vehicle owner,
property owner, occupant, lessee, agent, tenant or other person, firm or corporation
occupying, managing or controlling such land or vehicle, except that one such
vehicle may be stored in an attached or detached garage.
[Amended 1-13-2003 by L.L. No. 1-2003]
This chapter shall be enforced by the Village Code Enforcement Officer,
the Town of Colonie police and the Town Court.
A.
During regular business hours or in an emergency at any
hour whatsoever, the Code Enforcement Officer or his representative or any
duly authorized Village representative, upon the showing of proper credentials
and in the discharge of his duties, may enter upon any premises where a motor
vehicle is stored. If access to such property is refused, the Code Enforcement
Officer shall apply for a search warrant in an appropriate court, and a warrant
shall be issued upon a showing that there are reasonable grounds to believe
that a junked, abandoned or dangerous vehicle or parts therefrom are stored
or deposited on the property or that the owner of the vehicle is in violation
of this chapter.
B.
The Code Enforcement Officer or his representative or
any duly authorized Village representative may enter the premises without
a search warrant in the case of any emergency which requires immediate action
to abate a direct hazard or imminent danger to the health, safety, morals
or welfare of the occupants of a building or the public.
A.
Notice of violation. Whenever the Code Enforcement Officer
determines that there has been a violation of this chapter, he shall serve
written notice upon the property owner, occupant or person having charge of
such land upon which any vehicle is illegally stored or deposited and upon
the vehicle's owner, if such party can be determined. Such notice shall
specify the alleged violation, shall provide a reasonable time for compliance
and shall advise the party of his right to appeal.
B.
Notice to be served or posted. Notice shall be served,
either personally or by registered mail, to the property owner at his last
known address, as shown upon the latest assessment roll, and to the vehicle's
owner at his last known address, as shown upon the latest records of the New
York State Department of Motor Vehicles. If after due diligence an address
for either party cannot be determined or if either party cannot be served
in the above-stated manner, then the Code Enforcement Officer shall cause
a copy of such notice to be posted on the property or on the motor vehicle,
or both.
C.
Right of appeal. Any person affected by a notice of violation
issued in connection with the enforcement of any provision of this chapter
or any rule or regulation adopted pursuant thereto may request and shall be
granted a hearing before the Board of Trustees if such person shall file with
said officer a written request for a hearing, setting forth the following:
D.
This request must be filed within 10 days after the service
of the notice of violation, and compliance with such notice shall not be required
while the hearing is pending.
A.
Failure to abate violations. In case the property owner,
agent, operator, vehicle owner or occupant cannot be found within the time
limit set for the abatement of said violations or if such owner, agent, operator,
vehicle owner or occupant shall fail, neglect or refuse to abate such violations,
the Village Attorney shall be advised of all facts in the case and shall institute
appropriate action in the court to compel compliance.
Each violation of this chapter shall be a violation and shall be punishable
by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or
by both such fine and imprisonment. In addition to the penalties above described,
the Village may assess the costs of towing, as well as any of said penalties,
as a lien against the real property and levied on the general Village tax
bill.
In cases in which the Code Enforcement Officer determines that immediate
action to abate a direct hazard or imminent danger to the health, safety,
morals or welfare of the occupants of a building or of the public is required,
he shall promptly cause the removal of the motor vehicle, vehicles or parts
presenting such hazard or danger as a public nuisance; and the expense incurred
by the Village shall be assessed against the property upon which such vehicle
was found, which assessment shall constitute a lien and charge on such property
and shall be collected as provided by law for the collection of delinquent
taxes.
