Town of Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Aurora 6-11-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 72.
Off-street parking — See Ch. 81.
Vehicles and traffic — See Ch. 109.
This chapter shall be known as the "Junk Vehicle Ordinance of the Town of Aurora."
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants, and such an environment is deemed essential to the economy of 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. 
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL GARAGE
Any business repairing motor vehicles or any part thereof.
ENFORCEMENT OFFICER
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.
(1) 
Any motor vehicle, whether automobile, bus or truck, which is abandoned, stored, left or located by its owner or any other person on public or private property in the Town of Aurora, which is not registered by the State of New York for operation on the public highways, shall be defined as a "junk vehicle."
[Amended 4-24-1994]
(2) 
For the purpose of this chapter, a motor vehicle registered as a farm vehicle or which is operable and used by the owner on his own property for the transport of wood, snowplowing or similar uses shall not be considered a "junk vehicle."
(3) 
For the purposes 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.
LEGAL OCCUPANT
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.
OPEN STORAGE
Storage other than in a completely enclosed structure, such as a garage constructed of wood, brick or metal.
OWNER
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."
PARCEL OF PROPERTY
Real property appearing on the tax rolls of the Town as one unit.
PERSON
Includes natural persons, corporations, copartnerships, unincorporated associations or any other organization of two or more persons.
TOWN
The Town of Aurora 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.
Open storage of one or more junk vehicles shall not be permitted on private or public property within the Town, except as permitted by this chapter.
A. 
Any person wishing to store or locate a junk vehicle on a parcel of property must first obtain a permit from the Town's enforcement officer allowing such storage.
B. 
The permit may be granted after an application has been made showing:
(1) 
The make, model and year of the vehicle.
(2) 
The name and address of the last registered owner and last registration plate number as issued by the appropriate Department of Motor Vehicles.
(3) 
The vehicle identification number.
(4) 
The nature of the applicant's ownership or title to such vehicle.
(5) 
The purpose(s) for which the junk vehicle(s) is or are being stored or located.
C. 
No permit shall be issued for more than two junk vehicles at any one time.
D. 
Purposes for which junk vehicles can be stored or located are as follows:
(1) 
Antique or classic car restoration for vehicles 25 or more years old. A permit will be issued on an annual basis, renewable for a year at a time. The renewal shall be granted only if the vehicle has been substantially improved since the issuance of the original permit. "Substantially improved" shall mean that the vehicle meets 50% of the standards for highway use, i.e., a license inspection sticker.
(2) 
Removal of parts or components. A permit will be issued for a sixty-day period, renewable for one sixty-day period only.
(3) 
A permit for a commercial garage will be issued to an applicant who is registered with the New York State Department of Motor Vehicles as a motor vehicle repair shop and whose parcel of property upon which the junk vehicles are to be stored is in an area enclosed by a six-foot-high solid fence and designated as a commercial district pursuant to the Chapter 116, Zoning, or who has a special permit issued by the Town Zoning Board of Appeals to operate a motor vehicle repair shop in any other district, or who has a nonconforming use which predated the adoption of Chapter 116, Zoning.
(4) 
Permits shall not be granted under this chapter for dealers in secondhand junk and auto parts. Such dealers must comply with the Town ordinance licensing and regulating dealers in secondhand junk and auto parts activities and businesses.[1]
[1]
Editor's Note: See Ch. 72, Junkyards.
(5) 
For good cause, the enforcement officer may allow a maximum extension not exceeding three months.
Any owner or legal occupant of a parcel of property in the Town who shall abandon, store, locate, leave or allow or condone any other person to abandon, store, locate or leave a junk vehicle upon a parcel of property owned or occupied by him within the Town, contrary to the provisions hereof, shall be guilty of a violation hereof. Any person, whether as owner or driver of a vehicle or an operator of a towing vehicle or carrier, who shall abandon, store, locate or leave a junk vehicle upon a parcel of property in the Town of which he is not either the owner or legal occupant, without the written permission of the legal occupant, shall be guilty of a violation hereof.
[Amended 3-28-2016 by L.L. No. 1-2016]
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
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.
In addition to any penalty or fine as provided in § 108-8 hereof, any junk vehicle may be removed by the Town from the premises upon which it is located in the manner hereinafter provided:
A. 
The enforcement officer, upon detecting a junk vehicle, shall serve written notice on the person owning the parcel of property on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 30 days of the date of such service. Such notice shall contain a description of the parcel of property, a statement as to the location thereon of a junk vehicle, and a reference to this chapter and to the fact that the location of such junk vehicle on such parcel of property is in violation of this chapter. If such parcel of property is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice, or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served, or to the owner and to all owners if no owner was personally served, by registered mail to their or his last known address as shown on the latest completed assessment roll of the Town. In addition, the enforcement officer shall post conspicuously a copy of such notice on the parcel of property upon which said junk vehicle is located.
B. 
At the expiration of 30 days after the service or mailing and posting of such notice, if such junk vehicle has not been removed, the enforcement officer shall report such fact to the Town Board in writing. Such report shall cite the violation, the notices given as required hereunder and the failure to comply therewith and may include or refer to photographs of such junk vehicle(s) and of the parcel of property upon which it is located. Such report shall be entered in the official minutes of the Town Board by the Town Clerk, and any such photographs shall be filed in the Town Clerk's office. The Town Board shall thereafter hold a public hearing on 10 days' prior notice published in the official newspaper of the Town and posted on the signboard of the Town. Such notice of hearing shall include a statement that the purposes of the hearing are to give the person owning such junk vehicle opportunity to be heard as to why the same has not been removed and also for the Town Board to receive proposals for the removal of such junk vehicle(s).
C. 
After the hearing, the Town Board may contract for the removal of such junk vehicle. Any expenses to the Town in accomplishing the removal of such junk vehicle may be assessed by the Town Board on the real property from which said junk vehicle was removed, and the expense so assessed shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged as other Town charges.
D. 
Any junk vehicle released to the Town by its owner shall be disposed of at a public auction to the highest bidder, and the proceeds shall be added to the general fund of the Town. Any junk vehicle released to the Town by the owner or legal occupant of the parcel of property from which it is removed, who is not the owner of the junk vehicle, shall be disposed of by the procedure set forth in Subsections A, B and C hereof. In the event that the junk vehicle is released to the Town by the owner or legal occupant of the parcel of property who is not the owner of the junk vehicle, there shall be no expense for the removal thereof chargeable to the person so releasing said junk vehicle.
The Town's enforcement officer shall have and is hereby given the authority to go upon any parcel of 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 vehicle or parts or components thereof. The officer shall notify the property owner, in writing, prior to entering on such property.
Nothing herein contained shall be interpreted as amending or abrogating the effect or provisions of Chapter 116, Zoning, or Chapter 72, Junkyards, of the Town of Aurora, or any amendments to such chapters.