Town/Village of East Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 178 of the 1983 Code; amended in its entirety 3-8-1999 by L.L. No. 1-1999. Subsequent amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded and unregistered motor vehicles on privately owned property within the Town/Village of East Rochester is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates property values. The control of the outdoor storage of abandoned, junked, discarded and unregistered motor vehicles on privately owned properties within the Town/Village of East Rochester is therefore regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
The intent of the owner of a motor vehicle not to use it on the public highways shall establish it as abandoned. The intent of the owner shall be determined by all relevant facts, including but not limited to any one of the following: the physical condition of the motor vehicle, any statements as to its abandonment, the length of time since the motor vehicle was last used on the public highways and whether the motor vehicle is currently registered. With respect to a motor vehicle not required to be registered or motor vehicles not usually used on public highways, the intent of the owner shall be determined by the physical condition of the motor vehicle, the length of time since it was last used for the purposes intended and any statements as to its abandonment and other relevant facts.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of or any motor vehicle whose owner cannot be found after due and reasonable inquiry.
JUNKED MOTOR VEHICLE
Any motor vehicle in such condition as to cost more to repair and place the same in operating condition than the reasonable market value before such repair.
MOTOR VEHICLE
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. For the purposes of this chapter the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
OWNER OF MOTOR VEHICLE
A person, firm or corporation having the property in or title to a motor 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 motor vehicle having the use thereof under lease or otherwise.
OWNER OF PRIVATE PROPERTY
A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Town/Village of East Rochester, including but not limited to any person or persons in actual possession of or who otherwise have charge, care or control of any property within the Town/Village as executor, administrator, trustee, guardian, heir, distributee or agent.
[Amended 7-9-2012 by L.L. No. 3-2012]
PREMISES or PROPERTY
Includes all parcels of real property privately owned situated in the Town/Village of East Rochester, whether occupied or vacant.
UNREGISTERED MOTOR VEHICLE
Any motor vehicle which may be registered with the State of New York and is not currently registered. The fact that a motor vehicle which may be registered with the State of New York does not display a current license plate or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently registered.
[Amended 7-9-2012 by L.L. No. 3-2012]
It shall be unlawful for any owner of or occupant of any lot in a residential district in the Town/Village of East Rochester to have or permit on said lot any automobile or motor vehicle not bearing a current license plate or a license plate of the preceding year for a period longer than three days.
[Amended 7-9-2012 by L.L. No. 3-2012]
It shall be unlawful for any owner of or occupant of any lot in a nonresidential district in the Town/Village of East Rochester to have or permit on said lot, other than a lot maintained by an automobile sales agency, automobiles not bearing a current license plate or a license plate of the preceding year for a period longer than three consecutive days.
The Chief of Police and/or Building Inspector of the Village of East Rochester is hereby directed and empowered to enforce the provisions of this chapter.
[Amended 7-9-2012 by L.L. No. 3-2012]
If the owner or occupant shall fail to cause any such automobile or automobiles or such junk to be removed from said premises within five days after service upon said owner or occupant, personally or by registered, first-class or certified mail, of a written notice subscribed by said Chief of Police requiring such removal, or by any other method of service as provided for in the Civil Practice Law and Rules, the Chief of Police or his duly authorized representative shall cause such automobile or automobiles or junk to be removed from said premises to the Village dump or such place as the Board may designate, and the expense thereby incurred shall be billed to the owner of said lot, and, if unpaid after 30 days from the date of the billing, the cost of said removal shall then be assessed against said property on the records of the Village in the manner prescribed by law, as in the case of unpaid water rents, and shall be added to the next Village tax roll.
A. 
This chapter shall not apply to any person, firm or corporation now lawfully operating a business on property zoned industrial if said business is principally engaged in the purchase and sale of junk as such. However, it shall be unlawful and a violation of this chapter to extend said operations so conducted to any other lot or premises on which said business is not being actively carried on at the time of the adoption of this chapter.
B. 
Nothing herein shall restrict the storage of unused motor vehicles for sale by a duly licensed new or used car dealer.
A. 
Any person violating any section of this chapter shall, upon conviction, be liable to a fine of not more than $250 or to imprisonment for a term of not more than 15 days, or to both such fine and imprisonment. Each day's continuation of the offense shall be considered a separate offense.
B. 
A violation of any section of this chapter is also hereby declared to be a nuisance.