[HISTORY: Adopted by the Village Board of
the Village of Liberty 9-5-1989 by L.L. No. 6-1989. Amendments noted where
applicable.]
The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles and/or parts thereof upon privately
owned properties within the Village of Liberty is hereby regulated
for the preservation of the health, safety and general welfare of
the community. Such storage of said vehicles and/or parts constitutes
an attractive nuisance to children and imperils their safety. Such
storage also endangers person and property, is unsightly, depreciates
property values and constitutes a public nuisance.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a motor vehicle not in use if
on the public highways shall establish it as "abandoned." The intent
of the owner shall be determined by the physical condition of the
motor vehicle, his statements as to its abandonment, the length of
time since the motor vehicle has last been used on the public highway,
whether the motor vehicle is currently licensed and other relevant
facts. With respect to a vehicle not required to be licensed or motor
vehicles not usually used on the public highways, the intent of the
owner shall be determined by the physical condition of the motor vehicle,
the length of time since it was last used for the purpose intended,
any statements as to its abandonment by the owner and other relevant
facts.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of or any other vehicle the owner of which cannot be found after due
and reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair
and place in operating condition than its reasonable market value
at the time before such repairs.
Every vehicle operated, driven or capable of being operated
or driven upon a highway by any power other than muscular power. For
the purposes of this chapter, "motor vehicle" shall include tractors
used exclusively for agricultural purposes, self-propelled harvesting
machines and self-propelled Caterpillar or crawler-type equipment.
For the purposes of this local law, the term "motor vehicle" shall
also include motorcycles, buses and house trailers.
The person having the property 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.
Includes the legal owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Village of Liberty.
Includes all parcels of real property situated in the Village
of Liberty, whether occupied or vacant, irrespective of size or topography.
Any motor vehicle which has not been licensed with the proper
authorities for a period of at least 30 days from the expiration of
the last licensing period.
A.Â
Each residential property owner will be permitted
one unlicensed car for seasonal use, provided that it carries a valid
New York State inspection sticker.
B.Â
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise, of
any private property within the residential districts to store or
deposit outside or cause or permit to be stored or deposited outside
an abandoned, junked or discarded or unlicensed motor vehicle or motor
vehicles and/or parts thereof upon any private land within the limits
of the aforementioned described strip of property.
A.Â
If the provisions of the foregoing section are violated,
the Village of Liberty shall serve a written notice, either personally
or by mail, upon the owner, occupant or person having charge of any
such private property to comply with the requirements of this local
law. The Village of Liberty may determine ownership of any parcel
of land in the Village of Liberty from the current assessment rolls
of the Village and may serve written notice upon the owner thereof
by mailing, by regular mail, such notice to the owner at the address
listed on the current assessment rolls.
B.Â
If the Village of Liberty is unable to determine the
ownership or address of the owner of said private property, such notification
may be made by publishing in the official newspaper of the Village
of Liberty once a week for two consecutive weeks a notice in substantially
the following form:
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"To the owner, occupant or person having charge
of land within the Village of Liberty briefly described as follows:
__________ Notice is hereby given that an abandoned, junked, discarded
or unlicensed motor vehicle or parts thereof have been stored or deposited
on the above-described property in the Village of Liberty. This vehicle
must be removed therefrom within 10 days from the date of this notice.
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"In the event that this notice is served upon
you by publication, said motor vehicle shall be removed within 24
days from the first publication date of this notice.
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"In case you fail or refuse to comply with this
notice on or before the expiration of said 10 days from the date thereof,
or before the expiration of said 24 days from the date of this notice
in the event that it is served upon you by publication, you are hereby
summoned to appear before the Village Manager of the Village of Liberty,
New York, at __________ o'clock, __________ m., on the __________
day of __________, 20__, to show cause why the Village of Liberty,
New York, acting through its duly authorized agents, servants, officers
and employees, should not enter upon said land and remove and cause
said motor vehicle to be destroyed. In the event that the Village
Manager directs that said motor vehicle be removed and destroyed,
the expense incurred by the Village of Liberty shall be assessed against
said land and shall constitute a lien thereon and be collected as
provided by law.
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Dated:
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"
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In the event that an abandoned, junked, discarded or unlicensed motor vehicle or parts are not removed as prescribed above, the Village Manager of the Village of Liberty shall hold a public hearing on the date and at the time specified in the notice, at which hearing the persons interested shall be heard concerning the removal of said motor vehicle. After said persons are heard, the hearing shall be closed, and the Village Manager shall determine whether said motor vehicle has been abandoned, junked or discarded in violation of this local law. A determination by the Village Manager that said motor vehicle or parts have been abandoned, junked or discarded shall authorize the issuance of an order by the Village Manager, in the same manner prescribed in § 81-4 above, directing the removal of said motor vehicle within 10 days from the date of the notice. If the motor vehicle is not removed within 10 days from the date of said notice, the Village Manager may cause the motor vehicle or parts to be removed and destroyed and the expense thereof assessed against the property described in the notice, all in the manner provided by law.
[Amended 11-9-2009 by L.L. No. 3-2009]
A.Â
A courtesy notification will be mailed by registered
letter to the violator by the Building Inspector.
B.Â
Any owner, occupant, lessee, agent or tenant who shall
neglect and refuse to remove an abandoned, junked, discarded and unlicensed
motor vehicle or parts as required by this chapter or who shall fail
or refuse to comply with the order of the Building Inspector to remove
a motor vehicle after notice and hearing as herein provided or who
shall violate any of the provisions of this chapter or who shall resist
or obstruct the duly authorized agents, servants, officers and employees
of the Village of Liberty in the removal and destruction of a motor
vehicle as described herein shall, upon conviction thereof, be fined
a sum not to exceed $250 for each such violation. Continued violation
for the same infraction may be subject to imprisonment for not more
than 15 days. Each separate occurrence may constitute a separate additional
violation.
C.Â
Nothing herein contained shall prevent the Village
of Liberty from directing the removal of a motor vehicle in accordance
with the terms and provisions of this chapter in addition to imposing
the penalties hereinabove provided.
The invalidity of any clause, sentence, paragraph
or provision of this chapter shall not invalidate any other clause,
sentence, paragraph or part thereof.
This chapter shall take effect immediately.
