[HISTORY: Adopted by the Town Board of the
Town of Southampton 7-5-1966 by Ord. No. 46. Amendments noted where
applicable.]
The Town Board of the Town of Southampton, recognizing
that the uncontrolled placing or keeping of junked motor vehicles
constitutes an unsanitary, unsafe, unsightly and dangerous condition,
and that to protect and promote the public safety, health and general
welfare of the people of the Town of Southampton it is necessary to
provide for the removal of such junked vehicles, hereby declares such
junked vehicles to be a public nuisance.
[Amended 5-23-2023 by L.L. No. 21-2023]
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle, including but not limited to: trailers, campers,
boats, motorcycles, and automobiles, which is without a currently
valid license plate or plates, or state-issued registration, and is
in such a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or abandoned condition as to be no longer intended or
in condition for legal use on the public highways or waterways. The
Building Inspector, ordinance enforcement officer, or fire marshal
shall make the final determination as to whether any particular vehicle
shall be classified as a junked vehicle.
A.
Whenever the Building Inspector, ordinance enforcement
officer, or fire marshal shall determine that a vehicle at any location
within the Town of Southampton shall be classified as a junked vehicle,
he shall serve a notice or order in the manner prescribed herein,
specifying in what respect the vehicle is determined to be so classified
and requiring the owner to remove such junked vehicle within 30 days
after service of such notice or such lesser period of time as may
be determined by the Building Inspector, ordinance enforcement officer,
or fire marshal when an emergency exists. Such notice shall provide
that if the owner shall fail to remove such junked vehicle within
the period of compliance prescribed, the Building Inspector, ordinance
enforcement officer, or fire marshal may remove or cause such junked
vehicle to be removed and shall further notify the owner of his right
to a hearing as hereinafter provided.
[Amended 5-23-2023 by L.L. No. 21-2023]
B.
Whenever such a thirty-day notice is served, the owner
may, within 15 days after such service, request a hearing before the
Building Inspector, ordinance enforcement officer, or fire marshal
to review the determination contained in the notice, and such hearing
shall be had before the public safety commission prior to the expiration
of the period for compliance prescribed. The decision of public safety
commission shall be to either to affirm the determination or rescind
it.
[Amended 5-23-2023 by L.L. No. 21-2023]
C.
The rules of evidence prevailing in courts of record
shall not be controlling in hearings held pursuant to this chapter.
D.
If such junked vehicle is not removed by the owner
within the time prescribed, after service of such notice, the Building
Inspector may proceed with the removal of the junked vehicle as provided
in the notice or may cause the same to be done.
E.
If the Building Inspector, ordinance enforcement officer,
or fire marshal proceeds with the removal of a junked vehicle, he
may let contracts therefor. The cost of such removal may be met from
appropriations made therefor. The Building Inspector, ordinance enforcement
officer, or fire marshal shall keep a record of such notices together
with the procedures involved and the items of cost incurred in their
execution.
[Amended 5-23-2023 by L.L. No. 21-2023]
F.
All costs and expenses incurred by the Town in connection
with the proceeding to remove junked vehicles pursuant to this chapter,
including a reasonable charge for administration and handling expenses,
shall be assessed against the land on which said junked vehicle was
located and from which it was removed and shall be and become a lien
on said land as of the date of such assessment.
G.
Notwithstanding the foregoing, and in addition to
any other remedy, the Building Inspector, ordinance enforcement officer,
or fire marshal may maintain an action against the owner to recover
the cost of executing such notice and/or removal of such junked vehicle.
[Amended 5-23-2023 by L.L. No. 21-2023]
[Amended 5-23-2023 by L.L. No. 21-2023]
Unless an emergency shall be determined by the
Building Inspector, ordinance enforcement officer, or fire marshal
to exist, every notice issued pursuant to this chapter shall be served
at least 30 days before the time for compliance specified therein.
It shall be sufficient service of such notice if it is posted in a
conspicuous place upon the premises and upon the vehicle affected
and a copy thereof mailed by certified or registered mail on the same
day as such posting, to the last known address of the owner of the
real property so affected as the same shall appear in the Town tax
rolls.
