[HISTORY: Adopted by the Town Board of the Town of Greece 3-16-1971 by L.L. No. 1-1971. Amendments noted where applicable.]
The outdoor storage of junked motor vehicles on privately owned property within the Town of Greece is detrimental to the health, safety and general welfare of the community; it constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of all members of the community, since fuel tanks still containing gasoline or gasoline fumes may easily explode; the junks are replete with broken glass, sharp torn metal edges and points and generally are stored or abandoned with batteries containing harmful acids. These are but a few of the obvious sources of danger found on such vehicles. Such storage, moreover, is unsightly; depreciates not only the property on which it is located, but also the property of others in the neighborhood and the Town generally and certainly constitutes a blight on the Town's landscape. The control of the outdoor storage of junked motor vehicles on privately owned property within the Town of Greece is, therefore, regulated for the preservation of the health, safety and general welfare of the community. The intent of this chapter is to establish a legal procedure for the removal of these junked cars where they are found in the Town in violation of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Building Inspector of the Town, unless the Town Board by resolution designates some other Town officer as enforcement officer, or by resolution establishes the position of enforcement officer for the Town and appoints some qualified person thereto.
- A. Any motor vehicle that:
- (1) Is unlicensed, old, wrecked, stored, discarded, abandoned or dismantled, or partly dismantled, which is no longer intended or in condition for legal use upon the public highway.
- (2) Is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein or for the purpose of disposing of the same.
- (3) Is in such condition as to cost more to repair and place in operating condition than its reasonable market value at that time before such repairs.
- B. With respect to any motor vehicle not required to be licensed, or motor vehicle 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 moved under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
- C. The fact that a motor vehicle which may be licensed or registered with the State of New York does not display a current license plate shall be presumptive evidence of the fact that such motor vehicle is unlicensed.
- MOTOR VEHICLE
- Every vehicle originally designed and intended to be operated, drawn or driven, or capable of being operated, drawn or driven, upon a public highway by any power other than muscular power.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use of 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.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation being the owner, contractor, purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Town of Greece.
- PREMISES OR PROPERTY
- Includes all parcels of privately owned real property located within the Town of Greece, whether occupied or vacant, irrespective of size or topography.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Greece, to store or deposit, or cause to suffer or permit to be stored or deposited, a junked motor vehicle or part or piece thereof on any private property within the Town of Greece unless:
Such motor vehicle is stored or deposited in a completely enclosed building.
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing upon the premises. Not more than one such motor vehicle shall be permitted at any one time on any 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 six months.
Such motor vehicle is temporarily stored on the premises of a duly authorized motor vehicle service station or body-repair shop within the Town, or is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the laws and ordinances of the Town of Greece.
The enforcement officer, upon detecting a violation of this chapter, shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of such private property, ordering the removal therefrom of the junked motor vehicle or vehicles within 10 days from the date said notice is given. The enforcement officer may determine ownership of any parcel of land in the Town of Greece from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice to said owner at the address listed on the current assessment roll. In the event that said junked motor vehicle or vehicles are not removed from the premises within the time required in the notice, the Town of Greece shall have the right to enter upon the premises and to remove and dispose of the junked motor vehicle or vehicles. 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 Town or in accordance with the provisions of § 198-5 of this chapter.
[Amended 3-17-1992 by L.L. No. 1-1992]
A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be an offense, punishable by a fine not to exceed $250 or by imprisonment not to exceed 15 days, or both. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $50 per separate violation or the Town's costs of inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any penal monetary fine which may have been imposed. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Greece in the removal and disposal of a motor vehicle as provided in this chapter shall be in violation of this chapter and subject to the fines and penalties provided herein. Each day's continued violation shall constitute a separate and additional offense. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or any provisions or parts thereof shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation.
Notwithstanding any other provision of this chapter, the Town of Greece may serve such notices and do such other and further things as are set forth in § 198-4 hereof and may at the same time, or at any other time, without prior notice, proceed under § 198-5 hereof, concerning the imposition of penalties.