[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 10-21-1985
by L.L. No. 13-1985. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, that is:
Unlicensed, old, wrecked, stored, discarded, dismantled or partly dismantled
and which is not intended or in any condition for legal use upon the public
highway.
Being held or used for the purposes of resale of used parts therefrom
or for the purpose of reclaiming for use some or all of the materials therein
for the purpose of disposing of the same.
In such condition as to cost more to repair and place in operating condition
than its reasonable market value at that time before such repair.
With respect to any motor vehicle not required to be licensed or not
usually used on public highways, the fact that such motor vehicle has remained
unused for more than six months and is not in condition to be removed under
its own power shall be presumptive evidence that such motor vehicle is an
"abandoned, junked or inoperative motor vehicle."
The fact that a motor vehicle may be licensed or registered with the
State of New York but does not display a current license plate shall be presumptive
evidence that such motor vehicle is unlicensed.
The use of the term in the singular herein is intended, where applicable,
to include the plural.
The Chief of Police or any subordinate officer of the Carthage Police
Department.
Any person, firm, partnership or corporation, whether business or
membership or religious, charitable or otherwise, or any purchaser, tenant,
lessee, occupant, undertenant, receiver or assignee of private premises or
private property or any other unit or entity owning real property in the Village
of Carthage.
[Amended 2-15-1993 by L.L. No. 2-1993]
It shall be unlawful for any person within the Village of Carthage to
store or deposit or cause, suffer or permit to be stored or deposited an abandoned,
junked or inoperative motor vehicle or part or piece thereof on any private
property within the Village, except within a garage or other enclosed structure,
without a valid permit in accordance with this chapter.
[Added 2-15-1993 by L.L. No. 2-1993[1]]
Application for a permit to store a junked motor vehicle shall be submitted
in writing to the Codes Enforcement Officer.
[Added 2-15-1993 by L.L. No. 2-1993]
The applicant shall be notified in writing of the decision of the Codes
Enforcement Officer within two weeks of the date of the application. If approved,
the conditions of the permit shall be noted on the notification.
[Added 2-15-1993 by L.L. No. 2-1993;
amended 10-18-2004 by L.L. No. 7-2004]
A.
Permits shall be issued under the following guidelines
for all non-automotive-repair-business entities:
(1)
There shall be no more than one vehicle stored on the
property under the permission of this chapter at any one time.
(2)
Time guidelines.
(a)
Permits for the following types of storage may be issued
in accordance with the following:
[1]
Repair of vehicle: 60 days maximum unless covered and
stored in rear yard of the property and not visible from street.
[2]
Vehicle for sale: 60 days.
[3]
Waiting for title from Department of Motor Vehicles (DMV);
60 days; such permit may be renewed for 60 days if needed.
[4]
Winter storage of vehicle: 180 days maximum.
(b)
The Codes Enforcement Officer shall determine appropriate
time guidelines for a vehicle not in the categories above.
(3)
In reaching a determination whether to approve or deny
the application for a permit, the Codes Enforcement Officer may impose such
conditions and/or requirements as he deems necessary to ensure that the legitimate
goals of this chapter and the general welfare of the Village inhabitants are
served.
B.
Storage permits for the following types of businesses
shall be issued under the following guidelines:
(1)
Automotive sale and repair business.
(a)
Vehicle is awaiting parts for repair: 60 day maximum.
(b)
Vehicle has an outstanding repair bill due: 60 days maximum.
The vehicle owner shall be cited by the Village Police Department for an abandoned
vehicle per NYS Motor Vehicle Law. (The Codes Enforcement Officer will notify
the Police Department of this condition.)
C.
In reaching a determination whether to approve or deny
the application for permit, the Codes Enforcement Officer may impose such
conditions and/or requirements as he deems necessary to ensure that the legitimate
goals of this chapter and the general welfare of the Village inhabitants are
served. The Code Enforcement Officer shall use the New York State Property
Maintenance Code guidelines in determining whether a permit shall be granted.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the Village in violation of § 133-2 may be removed from the premises on which it is located in the following manner:
A.
The enforcement official shall serve written notice on
the owner of the private property on which the vehicle is located, ordering
such person to remove the same or cause the same to be removed therefrom within
30 days of the date of said service. The enforcement official may determine
the ownership of any parcel of land in the Village from the current assessment
roll.
B.
In the event said abandoned, junked or inoperative motor
vehicle or vehicles are not removed from the premises or located within the
time required in the notice, the Village shall have the right to enter upon
the premises and to remove and dispose of the abandoned, junked or inoperative
motor vehicle or vehicles. The expense of such removal and disposal shall
be a lawful charge against the owner of the private property and may be collected,
if necessary, in a civil action instituted in the name of the Village.
[Amended 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any provision of this chapter shall be subject to the penalties set forth in Chapter 5, Enforcement, of this Code.
