[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 10-14-1969. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 87.
This chapter is enacted in recognition of the fact that junk cars abandoned or stored on private property can constitute both a public and private nuisance. They, amongst other sources of potential injuries, are a source of potential injury to children and others who may find them an attractive nuisance; they are often times replete with broken glass, sharp, torn metal edges and points, gasoline fumes, gasoline remaining in tanks of a highly explosive and combustible nature and hurtful acid in batteries. Junk cars constitute a blight on the Village's landscape; they destroy the aesthetic qualities of the Village and they are generally otherwise unsightly. Their existence tends to depreciate not only the property on which they are located but also the property of other persons in the neighborhood and the Village generally. They constitute the Village a less safe and less pleasant place in which to live and to do business. The control of the storage of junked motor vehicles outdoors on privately owned property, as well as abandoned vehicles on privately owned property, is, therefore, a necessity for the preservation, safety and welfare of the community. The intent of this chapter is to establish a procedure for the control and timely removal of these junked and abandoned motor vehicles where they are found in the Village outside duly licensed establishments.
[Amended 5-24-1983 by L.L. No. 15-1983]
With increasing frequency, vehicles which are not roadworthy have been licensed with the apparent intent to avoid the requirements of this chapter. As a result, vehicles which are not roadworthy and which are physically unattractive and detrimental to the health and well-being of residential areas are being retained upon residential property contrary to the purpose expressed at the time of the enactment of this chapter. It is the purpose of this amendment to indicate with certainty that the retention of motor vehicles on residential property must be for the purpose of eventual use and enjoyment of said vehicles upon the highways of the State of New York and not simply to avoid the time or expense of removal. It is further the purpose hereof to encourage the owners thereof to commence repair, renovation and removal of dangerous articles from their premises to promote the general health and well-being desired in the Village of Chittenango.
[Added 9-20-1988 by L.L. No. 10-1988]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- The same definition as that contained in § 1224
of the Vehicle and Traffic Law of the State of New York, as now or
hereafter amended.[Added 5-24-1983 by L.L. No. 15-1983]
- ENFORCEMENT OFFICER
- The individual designated by the Board of Trustees to investigate
and commence action upon violation of this chapter. Such individual
shall be the Building Inspector of the Village unless the Board of
Trustees, by resolution, designates some other or additional officer.[Added 5-24-1983 by L.L. No. 15-1983]
- JUNK MOTOR VEHICLE
- Any motor vehicle that is unlicensed and is not in condition
for legal use on the public highway or is licensed or unlicensed and
is dismantled or partly dismantled and which is being used for the
purpose of resale as a whole or as used parts therefrom or for purposes
of reclaiming for use some or all of the materials therein for the
purpose of disposing of the same or is in such condition as to cost
more to repair and place in operating condition than its reasonable
market value at the time before such repair or does not display a
current New York State inspection sticker applicable to said vehicle.[Added 5-24-1983 by L.L. No. 15-1983; amended 9-20-1988 by L.L. No. 10-1988]
- Any place of storage or deposit, whether in connection with another business or not, where one or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment using facilities for processing iron, steel or nonferrous scrap for sale or remelting purposes only.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power, originally intended or constructed to be for use on public highways.
- OWNER OF MOTOR VEHICLE
- Any person, firm, partnership or corporation having the primary
interest 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.[Added 5-24-1983 by L.L. No. 15-1983]
- OWNER OF PRIVATE PROPERTY
- 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 Chittenango.[Added 5-24-1983 by L.L. No. 15-1983]
- Any individual person or persons, firm, partnership or corporation, whether business, membership, religious, charitable or otherwise, or any association or other unit or entity owning or occupying real property in the Village of Chittenango.
- PREMISES OR PROPERTY
- Includes all parcels of privately owned real property located
within the boundaries of the Village of Chittenango, whether occupied
or vacant, irrespective of size or topography.[Added 5-24-1983 by L.L. No. 15-1983]
No person shall operate, establish or maintain a junkyard in the Village of Chittenango until:
Application for the license and the certificate of approved location shall be made in writing to the Village Board of the Village of Chittenango, and the application shall be accompanied by a certificate from the Zoning Board of Appeals of the Village of Chittenango that the proposed location is not within an established district restricted against such use or otherwise contrary to the prohibitions of the Zoning Ordinance. The application shall contain the legal description of the land to be included within the junkyard.
A hearing on the application shall be held within the Village of Chittenango not less than two nor more than four weeks from the date of the receipt of the application by the Village Board of said Village of Chittenango. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application, and shall be published once in a newspaper having a circulation within the Village of Chittenango, which publication shall be not less than 15 days before the date of the hearing.
At the time and place set for the hearing, the Village Board of the Village of Chittenango shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to other matters within the purposes of this section.
At the hearing regarding location of the junkyard, the Village Board of the Village of Chittenango may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection the Village Board of the Village of Chittenango may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
After the hearing the Village Board of the Village of Chittenango shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of its findings to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued, to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Village Board of the Village of Chittenango may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended 8-28-2001 by L.L. No. 3-2001]
The annual license fee shall be in an amount set, from time to time, by resolution of the Board of Trustees of the Village, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is granted, the fee shall be returned to the applicant. In addition to the license fee, the Village Board of the Village of Chittenango shall assess the applicant with the cost of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and should make the license conditional upon payment of the same. The applicant shall pay the estimated advertising cost at the time the application is made.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the enclosed materials and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of same within the vicinity of the junkyard shall be accomplished within the enclosure. All burning of such motor vehicles and parts and other junk shall be confined to the hours between sunrise and sunset, except on Sundays, when no burning shall take place. Stacking and piling of such motor vehicles and parts and other junk shall not exceed eight feet in height.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Village Board of the Village of Chittenango upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the governing board of the municipality where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the Village Board the information as to location which is required in an application, together with the license fee, and the Village Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth above.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established shall be licensed to operate if such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
[Added 5-24-1983 by L.L. No. 15-1983; amended 3-28-2000 by L.L. No. 2-2000; 8-27-2013 by L.L. No. 6-2013]
Unless otherwise allowed under the zoning regulations applicable to the premises, or by license issued by the Village to do so, it shall be unlawful for any person, either as owner, occupant, lessee, agent, tenant or person having charge of a motor vehicle described in this section, or of any premises, to store or deposit, or cause, or permit, to be stored or deposited, any abandoned, junked, discarded or unlicensed motor vehicle, or motor vehicle which is currently licensed but not bearing a currently valid certificate of inspection, or any part or piece thereof, upon any private property, individually or upon separate parcels, for more than 120 days, out of any continuous one-hundred-eighty-day period, other than within an enclosed structure, within the corporate limits of the Village, unless:
Such motor vehicle, or part or piece thereof, is stored or deposited in a completely enclosed structure; or
Such motor vehicle is temporarily stored on the premises of a duly authorized motor vehicle service station or motor vehicle body repair shop, or is in the inventory, or part of the inventory, of a new or used motor vehicle dealer, or a duly licensed junk dealer, located in compliance with the laws and regulations of the Village; or
No more than one motor vehicle, which is under repair, reconstruction or refurbishing by owner(s) thereof, who must actually be residing on the premises, may be stored upon private property, with permission the owner of the 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 for more than 90 days, unless the owner thereof has obtained an extension from the Zoning Board of Appeals, for good cause shown, upon a petition thereto; and
Such motor vehicle is temporarily covered by a "reinforced covering," manufactured for the purpose of fully covering a motor vehicle. Such does not include tarps, plastic, cloth or other covering materials that are not specifically manufactured for such purpose.
Any owner, occupant, lessee, agent or tenant, person having charge of the premises, or person having charge of a vehicle described herein, who shall neglect and/or refuse to bring into compliance such motor vehicle, piece or part thereof, or who shall refuse and/or neglect to remove such abandoned, junked, discarded or unlicensed motor vehicle, or motor vehicle which is currently licensed but not bearing a currently valid certificate of inspection, as directed by this section, or who shall fail or refuse to comply with the provisions of any subsequent notice issued pursuant to this section, or as hereinafter provided, or who shall violate any provisions of this section, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village, from enforcement of the provisions of this section, and/or from the removal and/or destruction of the subject vehicle, or part or pieces thereof, shall be guilty of a violation.
Any property owner, occupant, tenant, lessee, agent, or person having charge of the premises, or having charge of a motor vehicle, storing a motor vehicle, or parts or pieces thereof, in a manner inconsistent with the provisions of this section, prior to the enactment hereof, shall have 90 days from the effective date of these amendments within which to comply with the provisions of this section. If such owner, occupant, tenant, lessee, agent, person having charge of the premises, or person having charge of a motor vehicle described herein, shall fail to comply with the provisions of this section by the end of such ninety-day period, such person shall be guilty of a violation.
The continuation of any violation of this section for an additional period of 90 days, after service upon a party identified herein of each successive notice of such violation, issued by the Code Enforcement Officer, shall constitute a separate and distinct violation.
[Added 5-24-1983 by L.L. No. 15-1983; amended 8-27-2013 by L.L. No. 6-2013]
Any junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed, but not bearing a currently valid certificate of inspection, may be removed from the premises upon which it is located, by direction of the Village, in the manner provided hereinafter.
Notice to remove. The enforcement officer, upon detecting a junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed but not bearing a currently valid certificate of inspection, shall serve written notice on the person owning the premises on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of service of said notice. Such notice shall be served personally or upon a person of suitable age and discretion residing upon the premises and/or, failing the above, by registered mail to the owner's last known address, as shown on the latest completed assessment roll of the Village, if the owner. Such notice shall specify the vehicle to be removed and shall also indicate the appeal procedure specified in Subsection B hereof. The current assessment roll shall be presumptive evidence of the ownership of any parcel of land upon which a junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed but not bearing a currently valid certificate of inspection, is detected.
Appeal of notice. The owner of any premises who receives notice to remove a junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed but not bearing a currently valid certificate of inspection, may petition the Zoning Board of Appeals of the Village for a hearing. Such petition shall be filed with the Clerk of the Village of Chittenango within 10 days of the date when service of the notice on the owner is complete. The filing of such petition shall stay removal proceedings, pending hearing and determination of the petition by the Zoning Board of Appeals, which shall notify the owner of the premises of its decision in writing. If the decision of the Zoning Board of Appeals affirms the notice of the enforcement officer, the owner of the premises shall remove the designated vehicle(s), within five days of the date of such decision. The Zoning Board of Appeals shall also have the discretion to grant extensions for the removal of cited vehicle(s) and/or may specify additional conditions under which said vehicle(s) may be retained upon the premises.
In the event said junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed but not bearing a currently valid certificate of inspection, is not removed from the premises within the time required in Subsection A or B above, the Village of Chittenango or its agent may enter upon the premises and remove and dispose of the junked, abandoned, discarded or unlicensed motor vehicle, or motor vehicle licensed but not bearing a currently valid certificate of inspection. The expense of such removal and disposal shall be a lawful charge against the owner and occupant of the premises and may be collected, if necessary, in a civil action instituted in the name of the Village.
[Added 5-24-1983 by L.L. No. 15-1983; 8-27-2013 by L.L. No. 6-2013]
A violation of the provisions of this chapter shall be punishable by a fine of not more than $250, or by imprisonment for not more than 15 days, or both fine and imprisonment, as limited herein.
[Amended 6-20-1989 by L.L. No. 2-1989; 8-27-2013 by L.L. No. 6-2013]
A violation of the provisions of this chapter shall be punishable by a fine of not more than $250, or by imprisonment for not more than 15 days, or both fine and imprisonment, as limited herein.