[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:
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.
Any motor vehicle that:
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.
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.
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.
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.
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.
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.
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.
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.
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:
A.
Such motor vehicle is stored or deposited in a completely
enclosed building.
B.
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.
C.
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.
