[HISTORY: Adopted by the Town Board of the Town of Wheatland 7-7-1988 by L.L. No. 1-1988 (Ch. 91 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 103.
Solid waste — See Ch. 111.
Vehicles and traffic — See Ch. 125.
The intent of this chapter is to compel the removal of abandoned and junk vehicles from property in the Town of Wheatland. Such abandoned and junk vehicles no longer serve the purpose for which they were intended. They are unsightly and devalue and degrade the property on which they are stored as well as surrounding properties. They are an attractive nuisance to children and may be a hazard due to broken glass, sharp metal points and edges, battery acid and gasoline remaining in tanks.
This chapter shall apply to all areas of the Town of Wheatland outside the Village of Scottsville.
This chapter shall be enforced by the Building Inspector unless the Town Board by resolution designates some other Town officer as enforcement officer or by resolution establishes the position of enforcement officer and appoints a qualified person thereto at a salary specified in such resolution. The enforcement officer is hereby empowered to issue appearance tickets for violations of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any unregistered vehicle which is stored outside on any property in the Town of Wheatland. Unregistered vehicles which are the stock in trade of licensed motor vehicle dealers who are operating in conformance with Chapter 130, Zoning, shall not be deemed abandoned vehicles.
JUNK VEHICLE
Any vehicle stored outside which is not in condition for legal use upon public highways due to accident, deterioration, removal of essential parts or any other reason.
OUTSIDE STORAGE
Storage of a vehicle anywhere on a property other than within at totally enclosed building.
UNREGISTERED VEHICLE
Any vehicle which is not currently registered in New York State, any other state or any province of Canada. Any vehicle which does not have a valid number plate affixed shall be deemed an unregistered vehicle.
VEHICLE
Any automobile, truck, truck-tractor, bus, trailer, semitrailer, house trailer, mobile home, travel trailer, recreational vehicle or any other device designed or intended to be used upon public highways and which requires registration to be used upon public highways. For the purpose of this chapter, motorcycles, snowmobiles, all-terrain vehicles, farm tractors and farm equipment shall not be deemed vehicles. Any construction equipment which is not normally registered for use or used upon public highways will not be considered a vehicle. Mobile homes used as a dwelling in a mobile home park or elsewhere under a permit from the Town Board shall not be deemed vehicles.
A. 
No person, firm or corporation shall abandon a vehicle upon any property in the Town of Wheatland.
B. 
No person, firm or corporation shall permit the abandonment of a vehicle upon private property owned, leased, rented or controlled by them within the Town of Wheatland.
C. 
No person, firm or corporation shall store outside or permit the outside storage of a junk vehicle upon any property within the Town of Wheatland.
Upon proper application and a showing of necessity, the enforcement officer may issue a permit for the outside storage of an unregistered vehicle upon private property. Such permits shall be of limited duration, and the enforcement officer shall document the specifics of the vehicle, the reasons for issuing the permit and any special conditions attached to the permit. Vehicles so permitted shall not be deemed abandoned vehicles for the duration of the permit.
A. 
Notice of violation. Whenever the enforcement officer observes an abandoned vehicle or verifies a complaint of an abandoned vehicle, he shall transmit by first-class mail a notice of violation to the owner of the property on which the vehicle is located and to the owner or last-registered owner of the vehicle, if known. Such notice of violation shall identify the property by street address and/or tax account number, identify the abandoned vehicle and cite this chapter. A copy of this chapter shall be enclosed with the notice. Such notice of violation shall state that further enforcement action will be taken if the violation is not corrected within 20 days.
B. 
Order to remedy violation. If the abandoned vehicle has not been removed, registered or garaged within 20 days after mailing of the notice of violation, the enforcement officer shall serve an order to remedy violation upon the property owner. Such order shall direct that the violation be removed within 10 days after service of the order, shall specify the nature of the violation, shall detail penalties for failure to comply with the order and shall explain the right of appeal.
C. 
Service of order. Order to remedy violation may be served by certified mail, return receipt requested, personal service or by posting upon the property with a copy sent to the last known address of the property owner by first-class mail.
D. 
Appearance ticket. Upon the failure of any person to comply with an order to remedy violation within the specified time period, the enforcement officer shall issue an appearance ticket directing him to appear in Wheatland Town Court.
E. 
Criminal summons. If the enforcement officer is unable to serve an appearance ticket upon a violator, he shall file a long-form information with the Wheatland Town Court, and the Court shall mail a criminal summons to the violator.
Any person who believes that a vehicle is an abandoned vehicle may submit a written complaint to the enforcement officer or Town Clerk. Such complaint shall identify the property and vehicle. The enforcement officer shall investigate and respond in writing to the complainant. Copies of the complaint and the response shall be transmitted to the Town Supervisor.
Any person, firm or corporation who violates any provision of this chapter or who fails to comply with an order to remedy violation shall be guilty of a violation of the Wheatland Town Code.
Each and every week a violation continues after the time specified for its removal shall be deemed to be a separate and distinct violation.
A. 
Any person, firm or corporation committing a violation against any provisions of this chapter shall be punishable as provided by the general penalty provisions of the Town of Wheatland.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.
B. 
In addition, upon application to the court, the Town may obtain an order for removal of the vehicle from the property. The total cost of removal shall be assessed upon the affected real property and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Town Tax Collector in the manner provided by law for the collection of taxes.