[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville 12-14-1981 by L.L. No. 5-1981 as Ch. 52 of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junked Motor Vehicle Law of the Village of Pleasantville."
The outdoor storage of junked motor vehicles on privately owned property within the Village of Pleasantville is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage of junked motor vehicles on privately owned properties within the Village of Pleasantville is, therefore, regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
JUNKED MOTOR VEHICLE
Any motor vehicle that is old, wrecked, discarded, abandoned or dismantled or partially dismantled which is in such deteriorated condition that it cannot be legally operated upon the public highway without substantial repairs. With respect to any motor vehicle not required to be licensed or motor vehicles not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in a condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
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. For the purposes of this chapter, the term "motor vehicle" shall include, but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles and trailers.
OWNER OF MOTOR VEHICLE
A person, firm or corporation having the property in or title to a motor vehicle, 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.
OWNER OF PRIVATE PROPERTY
A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Village of Pleasantville.
PRIVATE PREMISES OR PRIVATE PROPERTY
Includes all parcels of real property not owned by any unit of government situated in the Village of Pleasantville, whether occupied or vacant, regardless of size, topography or location.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Pleasantville, to store or deposit or cause or permit to be stored or deposited a junked motor vehicle or part or piece thereof on any private property within the Village of Pleasantville, unless:
A. 
Such motor vehicle is stored or deposited on premises legally used and operated as a junkyard.
B. 
Such motor vehicle is stored or deposited in a completely enclosed building.
C. 
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing on 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 not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than one month.
D. 
Such motor vehicle is temporarily stored on the premises of a public garage, motor vehicle service station or body repair shop within a commercial or industrial district of the village while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted to be stored on any such premises at any one time.
If the provisions of the foregoing sections are violated, the Building Inspector shall serve a written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property to comply with the requirements of this chapter. If the Building Inspector is unable to ascertain the ownership of such private property by any other means, he or she may determine ownership of any such parcel of land in the Village of Pleasantville from the current assessment roll of the village and may serve written notice upon the owner thereof by mailing such notice by certified mail to the owner at the address listed on the current assessment roll. If the Building Inspector is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing the same in the official newspaper of the village once each week for two consecutive weeks. The notice shall be in substantially the following form:
"To the owner or lessee of lands shown on the Tax Map of the Village of Pleasantville as Lot ______, Block ______, Section ______, upon which one or more junked motor vehicles are stored or deposited on the above-described property in violation of the Junked Motor Vehicle Law of the Village of Pleasantville. This vehicle must be removed therefrom within 20 days from the date of this notice; provided, however, that if this notice is served on you by publication, said motor vehicle shall be removed within 24 days from the first publication date of this notice. If such motor vehicle is not removed on or before the expiration of said 20 days from the date hereof or on or before the expiration of said 24 days from the date of this notice, in the event that it is served on you by publication, you are hereby summoned to appear before the Village Board of Trustees of the Village of Pleasantville, New York, at ________ o'clock p.m. on the _____ day of ____________, 19_____, at which time a hearing will be held to determine why the Village of Pleasantville, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and remove and dispose of or cause said motor vehicle to be destroyed. In the event that the Village Board of Trustees directs that said motor vehicle be removed and disposed of or destroyed, the expense incurred by the Village of Pleasantville shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
Dated:
Building Inspector
of the Village of Pleasantville"
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In the event that a junked motor vehicle is not removed as prescribed above, the Village Board of Trustees shall thereafter hold the public hearing upon legal notice thereof duly published in the official village newspaper. After such hearing and upon making a determination that a violation of this chapter exists, the Village Board of Trustees may cause said junked motor vehicle to be removed from the premises and disposed of or destroyed and direct that the expense of such removal and disposition or destruction be assessed against the property described in the notice and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged as other village charges.
A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be a violation of the Penal Law, punishable by a fine not exceeding $500 or by imprisonment not to exceed 15 days, or both. Any person who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Pleasantville in the removal and destruction of a junked motor vehicle by order of the Village Board of Trustees shall be subject to the fines and penalties provided herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Notwithstanding any other provision of this chapter, the Village of Pleasantville may serve such notices, hold such hearings and do such other and further things as are set forth in §§ 176-5 and 176-6 hereof and may at the same time or at any other time, without prior notice, proceed under § 176-7 hereof concerning the imposition of penalties.