Village of Owego, NY
Tioga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Owego 8-13-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 190.
Zoning — See Ch. 195.
This chapter shall be known as the "Junk Vehicle Law of the Village of Owego."
A. 
In recognition of the fact that a healthy, wholesome and attractive environment is important to the inhabitants of the Village of Owego and that the safeguarding of their material rights is essential to the continued health of the economy of the village and its general welfare; further recognizing that the unrestrained accumulation of motor vehicles and parts thereof, except in a permitted and orderly manner, is a hazard to the health, safety, welfare and comfort of the citizens of the Village of Owego, this chapter is enacted.
B. 
Junk vehicles abandoned or stored on public or private property:
(1) 
Constitute a blight on the neighborhood and the Village of Owego.
(2) 
Are replete with dangerous materials, including broken glass, gasoline, battery acid, lubricating fluids, sharp and torn edges and points.
(3) 
Are an attractive nuisance to children.
(4) 
Tend to depreciate not only the property on which they reside but also those properties in the neighborhood and the Village of Owego generally.
(5) 
Tend to be breeding grounds for rodents and insects and promote uncontrolled growth of noxious weeds.
A. 
As used in this chapter, the term "shall" is mandatory, the term "may" is permissive, and the term "will" is discretionary.
B. 
The terms for purposes of this chapter are defined as follows:
APPEAL
An appeal to the Zoning Board of Appeals for a special use permit.
JUNK VEHICLE
Any motor vehicle or parts in accumulation thereof, whether automobile, bus, truck or motorcycle, which is left abandoned, permitted to be located or deposited by anyone, owner or otherwise, on lands, public or private, in the Village of Owego which:
[Amended 7-29-1996 by L.L. No. 3-1996]
(1) 
Is a vehicle that is not registered by the State of New York for highway use;
(2) 
Is no longer in condition for its intended original use. In the case of vehicles intended for use on public roads, the vehicle must have a valid inspection sticker from an inspection station registered under the laws of the State of New York; or
(3) 
Is being held or used for the purpose of resale of parts thereof; or
(4) 
Constitutes parts in accumulation of any heretofore mentioned vehicles in open storage, unless storage is in a completely enclosed structure built in accordance with the Village of Owego's Code and the Uniform Code of the State of New York (9 NYCRR) and such material is completely out of view from neighboring property, public or private.
LOCAL ADMINISTRATOR
The Code Enforcement Officer, police officer, Superintendent of Public Works, whosoever shall be deemed by the Board of Trustees as the enforcement official for this chapter.
NOTICE OF VIOLATION
A written notice from the local administration or Police Department that a violation exists.
OPEN STORAGE
Storage other than in a completely enclosed structure, constructed in accordance with Chapter 195, Zoning, and the Uniform Code of the State of New York (9 NYCRR).
SPECIAL USE PERMIT
A permit for occupancy of a premises for the purpose of repairing motor vehicles as a business.
VEHICLE STORAGE PERMIT
A permit issued by the local administrator for the purpose of allowing a vehicle to be stored for a period of time not exceeding one year.
VILLAGE
The Village of Owego.
A. 
Open storage of a junk vehicle is not permitted on public or private property within the village except as provided in § 195-38. Notwithstanding any other provisions herein, only one junk vehicle per property is permitted by a vehicle storage permit.
[Amended 7-29-1996 by L.L. No. 3-1996]
B. 
The accumulation of junk vehicle parts is not permitted on public or private property within the village without a permit, except as provided in § 195-38.
A. 
The village may give written notice to the owner of a junk vehicle or junk vehicle parts or to the owner or tenant of any property on which a junk vehicle or junk vehicle parts are openly stored. The notice shall be given by first-class mail to the property owner or by personal service by the local administrator or police. Failing personal notice or notice by mail, if the owner's or tenant's whereabouts is unknown, written notice may be placed on the junk vehicle or junk vehicle parts in a conspicuous manner.
[Amended 7-29-1996 by L.L. No. 3-1996]
B. 
Notices shall direct the person so served to terminate the open storage of junk vehicles or junk vehicle parts within 10 days.
C. 
If the person so served contends that said vehicle is not a junk vehicle, he/she shall notify the local administrator or police, in writing, and request inspection of said vehicle.
D. 
At the time of such inspection, said person shall prove that:
(1) 
The vehicle is registered.
(2) 
It is presently in condition for its intended use.
(3) 
Parts have not been removed for resale.
(4) 
He/she holds a permit pursuant to § 190-6 for that vehicle.
A. 
Application for permit. Upon written application and a fee in an amount set forth from time to time by resolution of the Board of Trustees, the local administrator or Police Department may initially issue a permit for the open storage of a vehicle for a period of nine months, and thereafter only one renewal for an additional period of one year, provided that only one permit for one vehicle may be issued for any single property as defined on the Tax Map of the Village of Owego.[1]
[Amended 4-21-1997 by L.L. No. 1-1997; 12-21-1998 by L.L. No. 4-1998]
[1]
Editor's Note: The current fee schedule is located in Ch. A199, Fees.
B. 
Properties that are contiguous and held by the same owner are, for the purpose of this chapter, considered as one property.
C. 
The permit application shall describe the vehicle and the location where it will be stored.
D. 
The vehicle storage permit may be renewed only once for an additional period of one year upon payment of the fee set forth in the village's Schedule of Fees,[2] unless the applicant can provide evidence that the vehicle has been registered within a one-year period of the original date of the issuance of a storage permit.
[Amended 7-29-1996 by L.L. No. 3-1996; 12-21-1998 by L.L. No. 4-1998]
[2]
Editor's Note: The current fee schedule is located in Ch. A199, Fees.
E. 
No further written notice is required from the local administrator or police before proceeding with further legal action where permits have expired.
F. 
No vehicle, except for licensed and registered vehicles, can be stored in front of the principal structure.
[Added 7-29-1996 by L.L. No. 3-1996]
A. 
If after 10 days' written notice or the expiration of a permit junk vehicles or junk vehicle parts remain in violation of this chapter, the village or representatives of the village shall have the right to enter, remove and dispose of such vehicles.
B. 
Neither the village nor any person acting on behalf of the village shall be liable to any person for the disposal or destruction of such junk vehicles.
A. 
A violation of this chapter shall be punishable by a fine of up to $250 per violation or imprisonment of up to 15 days, or both.
[Amended 4-21-1997 by L.L. No. 1-1997]
B. 
A violation of this chapter shall also subject the violator to the cost to the village for service of notices, inspections, removal, towing charges, storage or holding fees and disposal costs actually incurred, whichever is greater.
[Amended 4-21-1997 by L.L. No. 1-1997]
C. 
Each week of continued violation shall constitute a separate violation without additional notice.
D. 
The local administrator or Police Department, whichever the Village Board shall designate, shall make reasonable rulings, issue reasonable regulations and develop policy in furtherance of and consistent with this chapter.
This chapter exempts the following:
A. 
Automobile junkyards permitted under § 195-38.
B. 
Automobile repair garages licensed under the provisions of New York State law, which, in zoning districts where required, a special use permit is in effect pursuant to § 195-33.
C. 
Retail outlets for new and used cars; provided, however, that used cars are in operational condition and the retail business is licensed under the Department of Motor Vehicles in the State of New York.