[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.]
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.
APPEAL
JUNK VEHICLE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
NOTICE OF VIOLATION
OPEN STORAGE
SPECIAL USE PERMIT
VEHICLE STORAGE PERMIT
VILLAGE
The terms for purposes of this chapter are defined as
follows:
An appeal to the Zoning Board of Appeals for a special use permit.
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]
Is a vehicle that is not registered by the State of New York for highway
use;
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
Is being held or used for the purpose of resale of parts thereof; or
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.
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.
A written notice from the local administration or Police Department
that a violation exists.
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).
A permit for occupancy of a premises for the purpose of repairing
motor vehicles as a business.
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.
The Village of Owego.
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.
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]
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]
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:
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.
