[HISTORY: Adopted by the Board of Trustees
of the Village of Chittenango 10-14-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 87.
A.
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]
B.
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:
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]
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]
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.
All vehicles propelled or drawn by power other than muscular
power, originally intended or constructed to be for use on public
highways.
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]
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.
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.[1] 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.
A.
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.
B.
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; 2-27-2020 by L.L. No. 1-2020]
A.
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 60 days, other than within an enclosed structure,
within the corporate limits of the Village, unless:
(1)
Such
motor vehicle, or part or piece thereof, is stored or deposited in
a completely enclosed structure; or
(2)
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
(3)
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
of 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
60 days, unless the owner thereof has obtained an extension from the
Zoning Board of Appeals, for good cause shown, upon a petition thereto;
and
(4)
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.
B.
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.
C.
The continuation
of any violation of this section, after service of a thirty-day notice
of violation upon the party identified therein, as 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.
A.
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.
B.
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.
C.
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.
