[HISTORY: Adopted by the Town Board of the Town of Caledonia 1-9-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 124.
This chapter shall be known and may be cited as the "Abandoned Vehicle
Ordinance" and shall supersede and replace the Abandoned Vehicle Ordinance
of the Town of Caledonia dated August 17, 1972.
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants, and such an environment is essential
to the Town and the general welfare of its citizens. The unrestrained accumulation
of motor vehicles not in operating condition is a hazard to such health, safety
and welfare of the citizens of the Town, necessitating the regulation and
restraint thereof.
A.
ENFORCEMENT OFFICER
JUNK VEHICLE
(1)
(2)
(3)
(4)
LEGAL OCCUPANT
MOTOR VEHICLE
OWNER OF PRIVATE PROPERTY
PARCEL OF PROPERTY
PERSON
TOWN
As used in this chapter, the following terms shall have
the meanings indicated:
The Building Inspector of the Town, unless the Town Board, by resolution,
designates some other Town officer as enforcement officer or, by resolution,
establishes the position of enforcement officer for the Town and appoints
some qualified person thereto at a salary specified in such resolution.
Any motor vehicle abandoned, stored, left or located by its owner or
any other person on public or private property in the Town of Caledonia and
that is unlicensed, unregistered, wrecked, stored, discarded, abandoned, dismantled,
partly dismantled or which is no longer intended or in condition for legal
use upon the public highway; that is being held or used for the purpose of
resale of used parts therefrom or for the purpose of reclaiming for use some
or all of the materials therein or for the purpose of disposing of the same;
or that is in such condition as to cost more to repair and place in operating
condition than its reasonable market value at that time before such repairs.
With respect to any motor vehicle not required to be licensed or any
motor vehicle not usually used on public highways, the fact that such motor
vehicle has remained unused for more than nine months and is not in condition
to be moved under its own power shall be presumptive evidence that such motor
vehicle is a "junk vehicle."
The fact that a motor vehicle which may be licensed or registered with
the State of New York does not display a current license plate shall be presumptive
evidence of the fact that such motor vehicle is unlicensed.
For the purpose of this chapter, "abandoned," "stored" or "located"
shall mean when the "junk vehicle" is visible from a public highway or a dwelling
unit on a neighboring property.
Any person who, singularly or together with other persons, is in
possession of real property pursuant to an agreement with the owner thereof.
The term shall include tenants, contract vendees and licensees.
Every vehicle originally designed and intended to be operated, drawn
or driven or capable of being operated, drawn or driven upon a public highway
by any power other than muscular power.
A person owning real property in the Town. A parcel of real property
owned by more than one person shall be considered as having each such person
be an owner.
Real property appearing on the tax rolls of the Town as one unit,
whether occupied or vacant, irrespective of size or topography.
Includes natural persons, corporations, copartnerships, unincorporated
associations or any other organization of two or more persons.
The Town of Caledonia and its officers and agents; also public and
private areas within the Town.
B.
The term "shall" is always mandatory. Words used in the
singular shall include the plural and vice versa.
C.
The reference to other sections of the Caledonia Town
Code as "ordinances" shall include those sections of the Code adopted as "local
laws."
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise of property within the
Town of Caledonia, to store or deposit or cause to suffer or permit to be
stored or deposited a junk motor vehicle or part or piece thereof on any private
property within the Town of Caledonia unless such motor vehicle is:
A.
Stored or deposited in a completely enclosed building.
B.
Completely covered by a suitable motor vehicle cover
and is in as close proximity to the side or rear of a building as possible.
Not more than one such motor vehicle shall be permitted at any one time on
any premises. Such motor vehicle must be so maintained and protected as to
not create any safety hazard or nuisance to surrounding property owners and
shall not remain on the premises except as permitted in this chapter.
No person shall place, allow or permit an abandoned vehicle to be on
his premises after the lapse of 30 days from the service upon him of a notice
to remove as hereinafter provided.
[Amended 8-11-1994 by L.L. No. 4-1994]
Upon determining that an abandoned vehicle is located on premises in
the Town of Caledonia outside the Village of Caledonia, the Town Zoning Enforcement
Officer shall first cause a written notice to remove to be served on such
person, by certified mail, return receipt requested, which notice will specify
that such person shall remove the abandoned vehicle from the premises within
30 days after service thereof, to be served on such person.
Service of a second notice shall be made by personally delivering a
true copy thereof to the person on whose premises the vehicle is located.
Personal service shall be completed on the delivery of such notice. If personal
delivery cannot be made with due diligence, then such true copy shall be mailed
by certified mail, return receipt requested, to such person. Service shall
be complete 10 days after much mailing.
[Amended 8-11-1994 by L.L. No. 4-1994]
The nongaraged or illegal storage of an abandoned vehicle as defined
in this chapter shall constitute an offense. After 30 days' notice,
an appearance ticket will be issued by the Zoning Enforcement Officer to appear
in Town Court, Town of Caledonia. Punishment for violation of this chapter
shall be a fine not to exceed $250 or imprisonment for not more than 15 days,
or both per vehicle for each separate violation.
In addition to the penalties set forth above, the Town may commence
an action in its own name against any person in any civil court of competent
jurisdiction to seek an injunction to enforce compliance with this chapter.
Such an action for injunctive relief may be independent of or a part of an
action to collect the civil penalties as hereinabove provided.
The Town's Enforcement Officer shall have and is hereby given the authority
to go upon any parcel of real property in the Town, public or private, exclusive
of enclosed structures or buildings, at any time during daylight hours, to
examine and inspect any vehicles or parts or components thereof to determine
whether a violation of this chapter has been committed or to determine the
condition of any vehicles or parts or components thereof. The officer shall
notify the property owner, in writing, prior to entering on such property.
