[HISTORY: Adopted by the Board of Trustees
of the Village of Elmsford 6-1-1964; repealed and reenacted in the same form 7-10-2006 by L.L. No.
4-2006. Amendments noted where applicable.]
The seriousness of the matter of the outdoor
storage of abandoned, junked, discarded and unlicensed motor vehicles
upon privately owned properties within the Village increases with
the passage of time. It is a source of vexation and annoyance, not
only to the members of the traveling public, but to the owners and
occupants of adjoining lands. The outdoor storage of such vehicles
upon private lands is unsightly. It constitutes an attractive nuisance
to children, and a peril to their safety in case of fire and explosion
whenever gasoline is left in the fuel tanks of such vehicles. It depreciates
the value of neighboring properties. The preservation of peace and
good order, the suppression of vice, the benefit of trade, the preservation
of public health, the protection of property and the prevention and
extinguishment of fires and explosions compel the Board of Trustees
of the Village of Elmsford to legislate upon this subject matter.
It is hereby declared that the adoption of this chapter has for its
purpose the effective termination of such obnoxious practice.
[Amended 6-1-1992 by L.L.
No. 18-1992; 5-1-2000; 5-16-2016 by L.L. No.
5-2016; 8-2-2016 by L.L. No. 6-2016]
A.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store or
deposit or cause or permit to be stored or deposited upon any private
land or upon the surface of such land within the corporate limits
of the Village of Elmsford, any motor vehicle, whether or not covered
by a tarp or other covering, which is deemed to be any of the following:
[Amended 6-5-2017 by L.L.
No. 3-2017]
(1)
Inoperative such that it cannot be driven; or
(2)
Lacking a valid state registration sticker for a period of at least
10 days; or
(3)
Lacking a valid state inspection sticker for a period of at least
10 days; or
(4)
Lacking valid license plates for a period of at least 10 days; or
(5)
Uninsured for a period of at least 10 days; or
(6)
Severely damaged, or filled with trash or other items so as to constitute
a public eyesore.
B.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant, creditor or otherwise,
to store or deposit or cause or permit to be stored or deposited a
repossessed or impounded motor vehicle upon any private land or upon
the surface of such land within the corporate limits of the Village
of Elmsford, except in accordance with the terms and conditions of
a special permit issued by the Board of Trustees. The Board shall
consider the requirements in order to protect and preserve the character
of the surrounding community, including the need to screen or enclose
the property used for the storage of such vehicles. The cost for such
permit shall be $200 per year.
C.
Subsections A and B above shall not apply to unlicensed motor vehicles stored on site by dealerships of new motor vehicles, provided said unlicensed vehicles are not stored or deposited upon parking spaces required by the Village's Zoning Code for the principal use of the property and provided the number of unlicensed motor vehicles so permitted shall be subject to the discretion of the Board of Trustees in connection with site plan approval of such dealership.
If the provisions of the foregoing section are
violated, the Village Clerk will serve written notice, either personally
or by mail, upon the owner, occupant or person having charge of any
such land, to comply with the provisions of this chapter. The notice
shall be in substantially the following form:
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To the owner, occupant or person having charge
of land known on the assessment map of the Village of Elmsford as
Lot (s) .........., Number (s)..........., Sheet ..........., Block
.........., or Number .......... Street or Avenue.
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Notice is hereby given that an abandoned, junked,
discarded and unlicensed motor vehicle has been found stored or deposited
upon the above described property in the Village of Elmsford. This
automobile must be removed within five days from the date of this
notice.
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In case you fail or refuse to comply with this
notice on or before the expiration of the said five days from the
date of this notice, the Village of Elmsford, acting through its duly
authorized agents, servants, officers and employees, will enter upon
your land and remove and cause the same to be destroyed. The expense
incurred by the Village will be assessed against the above described
land, and shall constitute a lien thereon and be collected as provided
by law.
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Dated:
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Village Clerk
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[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No.
4-2006]
Any owner, occupant, lessee, agent or tenant
who shall neglect and refuse to remove said abandoned, junked, discarded
and unlicensed motor vehicle as directed by this chapter, or who shall
fail or refuse to comply with the provisions of any notice herein
provided for, or who shall violate any of the provisions of this chapter,
or who shall resist or obstruct authorized agents, servants, officers
and employees of the Village in the removal and destruction thereof,
shall be, upon conviction thereof, fined a sum of not less than $100
nor more than $1,000 for each violation thereof.
[Added 5-16-2016 by L.L.
No. 5-2016]
This Chapter 321 shall be administered and enforced by any of the following: a code enforcement officer, the Building Department, the Highway Department and the Police Department of the Village of Elmsford.
This chapter shall take effect immediately upon
due publication and posting thereof, but such chapter shall take effect
from the date of its service against a person served personally with
a copy thereof, certified by the Village Clerk under the corporate
seal of the Village, and showing the date of its passage and entry
in the minutes.
