It is hereby declared that abandoned, junked, discarded, dismantled
and unregistered motor vehicles in and upon privately owned real property
within the Village of Menands are a matter affecting the public interest.
They constitute a nuisance in that health, fire and safety hazards are created.
They constitute an attractive nuisance to children and are a peril to their
safety. This matter is a source of vexation and annoyance and depreciates
the value of neighboring properties. The preservation of public health and
protection of property and the elimination of public hazards compel the Board
of Trustees of the Village of Menands to legislate on this matter. It is hereby
declared that adoption of this chapter has for its purpose the effect of termination
of such practices.
As used in this chapter, the following terms shall have the meaning
indicated:
JUNKED VEHICLE
Any vehicle, including but not limited to a trailer or motorcycle,
which fails to display a currently valid and properly attached registration
sticker. This shall apply to such vehicles which are offered for sale.
It shall be unlawful for any person, firm or corporation, whether as
owner, occupant, lessee, agent, tenant, vehicle owner or otherwise, to store
or deposit or cause or permit to be stored or deposited a junked vehicle in
and upon any vacant lot or land or vacant space or upon the surface of any
lot or land, fenced or otherwise, within the Village of Menands. Nothing in
this chapter shall prohibit the parking of junked vehicle in a private garage
that is completely enclosed.
If the provisions of the foregoing section are violated, the Village
Building Inspector, Chief Fire Inspector, Chief of Police or an authorized
employee of these departments shall serve written notice, either personally
or by mail, upon the vehicle owner or the owner, occupant or person having
charge of the land upon which any junked vehicle is located. To comply with
the provisions of this chapter, such person served shall be given 30 days
from the date of such notice to remove the junked vehicle.
This chapter shall not apply to properties used in conjunction with
a legally established motor vehicle station, repair shop or dealership in
use.
[Amended 2-5-2007 by L.L. No. 7-2007]
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction thereof; be punishable by a fine of no less than $25
nor more than $250 or imprisonment for a term not exceeding 15 days, or both,
for the first offense, and by a fine of not more than $500 or imprisonment
for a term not exceeding 20 days, or both, for each subsequent violation,
in addition to any expenses incurred by the Village. For the purposes of this
chapter, each day that the condition is not remedied after the expiration
of the time given to remove the junked vehicle shall constitute a subsequent
offense.
The Building Inspector, Chief Fire Inspector, Chief of Police or authorized
employee of these departments, in enforcing the provisions of this chapter,
shall have the power to enter, examine and inspect any land, lot, yard, court
or building to determine whether any violations exist.
The Village of Menands Police Department shall assist the Building Inspector,
Chief Fire Inspector or authorized employee of these departments in determining
property or vehicle owner identification information and license plate and
registration validity.