[HISTORY: Adopted by the City Council of the City of Jamestown 8-16-2004
Amendments noted where applicable.]
A.
The City of Jamestown hereby finds that the storage or
presence of abandoned, junked, discarded, dismantled (in whole or in part),
or inoperative motor vehicles or the repair of motor vehicles on private property
in residential neighborhoods creates a public and private nuisance and is
harmful to the public health, safety and welfare. Such vehicles present a
source of serious injury, particularly to children who are attracted to play
in, upon and about the same when they are able to go near the same; seriously
harm the aesthetic qualities of the City and tend to depreciate the value
of property upon which they are located as well as the property of other persons
in the neighborhoods of the City and provide nesting places for rats, mice
and other rodents. Gasoline tanks on such vehicles often contain some quantity
of combustible gasoline; the engines and other parts are frequently covered
with flammable grease and oil; the tires, plastic seats, tops and other elements
of the same contain acids and other matters potentially harmful to humans;
such motor vehicles frequently contain sharp metal or glass edges or points
upon which a human could receive serious cuts and abrasions. The control of
the outdoor storage of abandoned and unlicensed vehicles, other than within
licensed junkyards, within the City is, therefore, regulated for the preservation
of health, safety and general welfare of the community. The City finds that
the problem can be diminished by permitting the storage and/or repair of such
vehicles only within a garage of suitable dimensions and only under the restrictions
as set forth in this chapter.
B.
Such abandoned, junked, discarded, dismantled (in whole
or in part), or inoperable motor vehicles are hereby declared a "public nuisance"
which annoy, injure or endanger the comfort, repose, health or safety of a
considerable number of persons, as set forth in § 240.45(1) of the
Penal Law. The outdoor storage of abandoned vehicles within the City, other
than within licensed junkyards, is detrimental to the health, safety and general
welfare of the community.
A.
With respect to any motor vehicle not required to be
licensed or not used on public highways, the fact that such motor vehicle
has remained unused for more than three months and is not in condition to
be removed under its own power shall be presumptive evidence that such motor
vehicle is an abandoned, junked, or inoperative motor vehicle.
B.
The fact that a motor vehicle does not display a current
motor vehicle registration or license plate in the name of a homeowner or
tenant or in the name of a member of his/her immediate family shall be presumptive
evidence that such motor vehicle is not in any condition for legal use upon
the highways or is being repaired in violation of this chapter.
C.
ABANDONED
CITY
CODE ENFORCEMENT OFFICER
NUISANCE VEHICLE
OWNER OF THE PRIVATE PROPERTY
OWNER OF VEHICLE
PERSON
VEHICLE
As used in this chapter, the following terms shall have
the meanings indicated:
Includes any vehicle that is unlicensed, wrecked, stored, discarded
or motor vehicle under repair, dismantled or partly dismantled, abandoned,
discarded and junked and/or in such condition as to cost more to repair and
place in operating condition than the reasonable market value of the vehicle
prior to such repair and which is not intended or in any condition for legal
use upon the public highway.
The area within the City of Jamestown.
Any person charged with the enforcement of the New York State Fire
Prevention and Building Code or this Code.
A vehicle on public or private property that is a health or safety
hazard, a public nuisance, and unlawful, including a vehicle found to be:
a harbor for insects or pests; has weeds over eight inches in height; pond
water; contains excessive or odorous gasoline, oil or other flammable or explosive
materials; one which has areas of confinement which cannot be operated from
the inside, such as trunks, hoods, etc.; dangerous; has waste matter of any
kind; has sharp parts, metal or glass; or any other vehicle declared in writing
to be a nuisance by the City of Jamestown.
Includes the legal owner, contract purchaser in possession, tenant,
lessee, occupant, under tenant, receiver, assignee or trustee of premises
or property located within the City of Jamestown.
Person having the property in or title to a 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 vehicle
having the use thereof under lease or otherwise.
Includes a natural person, partnership or corporation.
Every vehicle operated, driven or capable of being operated or driven
upon a public highway by any power other than muscular power. All vehicles
propelled or drawn by power other than muscular power, originally intended
for use on public highway; this would include stock cars, all-terrain vehicles
(ATVs) and snowmobiles.
A.
It shall be unlawful for any person to cause any vehicle
to be abandoned on any highway or any other public place.
B.
It shall be unlawful for any person to cause any vehicle
to be abandoned on any private property for which he/she is not the owner.
C.
It shall be unlawful for any owner of private property
to cause or allow any vehicle to be abandoned or stored or kept without valid
numbered registration plates affixed thereon on his/her private property.
The provisions of the foregoing shall not apply to:
(1)
Vehicles on private property licensed as junkyards;
(2)
Vehicles kept or stored in a completely enclosed building;
(3)
Vehicles kept or stored for sale without dismantling
on private property occupied pursuant to the City of Jamestown Zoning Ordinance
for the sale of new or used vehicles;
(4)
A motor home or other vehicle designed and used primarily
for recreation purposes. This exception shall not apply to more that one such
vehicle per parcel of property.
[Amended 6-20-2005]
A.
Any abandoned, junked or inoperative vehicle found within the City in violation of § 288-3 may be removed from the premises on which it is located after the Code Enforcement Officer serves written notice to the owner of the private property on which the vehicle is located in accordance with the provisions of New York State CPL § 150.40 ordering the owner of the property to remove the vehicle or cause the vehicle to be removed from the property within seven days. Such notice shall specify the alleged violation and shall provide for compliance within seven days. Such notice shall inform the person or persons to whom it is directed of his/her right to apply within such time as may be designated in such notice for a hearing before the Director of Development or his/her designated representative, or he/she may appeal in such time designated to the Property Rehabilitation and Conservation Board of Appeals. Such notice may contain an outline of remedial action which will effect compliance with the provisions of this chapter, and with rules and regulations adopted pursuant thereto.
B.
Removal. In the event that the abandoned, junked or inoperative motor vehicle is not removed from the premises within seven days, the Director of Development and the Chief of Police shall have the right to abate the direct hazard, and they shall have the right to enter upon the premises and to remove and dispose of the public nuisance vehicle. Removal shall occur only after such notice has been given pursuant to § 288-4A. All of the costs of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected in a civil action instituted in the name of the City or levied and charged against said property.
