[HISTORY: Adopted by the Town Board of the Town of Tonawanda 8-29-1966
by L.L. No. 2-1966. Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unlicensed motor
vehicles on privately owned property within the Town of Tonawanda 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 values. The control
of the outdoor storage of abandoned, junked, discarded or unlicensed motor
vehicles on privately owned properties within the Town of Tonawanda is therefore
regulated for the preservation of the health, safety and general welfare of
the community.
As used in this chapter, the following terms shall have the meanings
indicated:
The intent of the owner of a motor vehicle not to use it on the public
highways shall establish it as abandoned. The intent of the owner shall be
determined by the physical condition of the motor vehicle, any statements
as to its abandonment, the length of time since the motor vehicle was last
used on the public highways, whether the motor vehicle is currently licensed
and other relevant facts. With respect to a vehicle not required to be licensed
or to motor vehicles not usually used on public highways, the intent of the
owner shall be determined by the physical condition of the motor vehicle,
the length of time since it was last used for the purposes intended, any statements
as to its abandonment and other relevant facts.
Any motor vehicle which the owner thereof, as established by the
surrounding circumstances, does not intend to recover the possession of or
any motor vehicle of which the owner cannot be found after due and reasonable
inquiry.
Any motor vehicle in such condition as to cost more to repair and
place the same in operating condition than the reasonable market value before
such repair.
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. The term "motor vehicle" shall include
but not be limited to automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation having the property in or title to
a motor vehicle, including 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.
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 Town of Tonawanda.
Includes all parcels of real property privately owned and situated
in the Town of Tonawanda, whether occupied or vacant.
Any motor vehicle which may be licensed or registered with the State
of New York and is not currently licensed or registered. 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 or displays an expired license plate shall
be presumptive evidence of the fact that such motor vehicle is not currently
licensed or registered.
A.
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 Tonawanda, to store or deposit or cause or permit to be
stored or deposited an abandoned, junked or discarded motor vehicle or part
or piece thereof on any private property within the Town of Tonawanda, unless:
B.
It shall also be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any private
property within the Town of Tonawanda, to store or deposit or cause to permit
to be stored or deposited thereon an unlicensed motor vehicle unless:
(1)
Such motor vehicle is the inventory or part of the inventory
of a new or used motor vehicle dealer located in compliance with the ordinances
and local laws of the Town of Tonawanda.
(2)
Such motor vehicle has been converted to and is actually
used as a permanent building or structure for carrying on purposes in such
manner and circumstances as authorized by the local laws and ordinances of
the Town of Tonawanda.
(3)
Such motor vehicle is a camping, house or boat trailer
otherwise stored and used in compliance with the local laws and ordinances
of the Town of Tonawanda.
(4)
Such motor vehicle is stored or deposited in a completely
enclosed building.
[Amended 11-23-1987 by L.L. No. 4-1987;
amended 3-26-2007 by L.L. No. 2-2007]
If the provisions of the foregoing sections are believed to be violated,
the Code Enforcement Officer 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. The Code Enforcement Officer may determine ownership of any
parcel of land in the Town of Tonawanda from the current assessment roll of
the Town and may serve written notice upon the owner thereof by mailing such
notice to the owner at the address listed on the current assessment roll.
If the Code Enforcement Officer 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 Town for two consecutive weeks.
The notice shall be in substantially the following form:
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To the owner, occupant or person having charge of land within the Town
of Tonawanda briefly described as follows:
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(Here describe subject property.)
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NOTICE IS HEREBY GIVEN that under Chapter 203 (Outdoor Storage of Abandoned or Junked Vehicles) of the Code of the Town of Tonawanda an abandoned, junked, discarded or unlicensed motor vehicle is stored or deposited on the above-described property in the Town of Tonawanda. This vehicle must be removed therefrom within 10 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.
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If such motor vehicle is not removed on or before the expiration of
said 10 days from the date hereof or on or before the expiration of said 24
days from the date of this notice in the event it is served on you by publication,
you are hereby summoned to appear before the Town Board of the Town of Tonawanda,
New York, at _______ o'clock __M., on the ______ day of _____________,
20__, at the Council Chambers, 2919 Delaware Avenue, Kenmore, N.Y., at which
time a hearing will be held to determine why the Town of Tonawanda, New York,
acting through its duly authorized agents, servants, officers and employees,
should not enter upon said property and remove and cause said motor vehicle
to be destroyed. In the event the Town Board directs that said motor vehicle
be removed and destroyed, the expense incurred by the Town of Tonawanda shall
be assessed against said property and shall constitute a lien thereon and
be collected in the manner provided by law.
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Dated:
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Code Enforcement Officer, Town of Tonawanda
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DESCRIPTION OF VEHICLE(S):
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In the event an abandoned, junked, discarded or unlicensed motor vehicle
is not removed as prescribed above, the Town Board of the Town of Tonawanda
shall hold a public hearing on the date and at the time specified in the notice,
at which hearing the persons interested may be heard concerning the removal
of said motor vehicle. After said persons are heard, the hearing shall be
closed, and the Town Board shall determine whether said motor vehicle has
been abandoned, junked or discarded in violation of this chapter. It shall
also determine whether or not said motor vehicle is unlicensed. In the event
of such a determination, the Town Board may issue an order directing the removal
and destruction of said motor vehicle, and the Town Board may also cause the
expense thereof to be assessed against the property described in the notice,
all in the manner provided by law.
[Amended 5-21-1984 by L.L. No. 8-1984]
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
Notwithstanding any other provision of this chapter, the Town of Tonawanda may serve such notices, hold such hearings and do such other and further things as are set forth in §§ 203-4 and 203-5 hereof and may at the same time or at any other time, without prior notice, proceed under § 203-6 hereof concerning the imposition of penalties.
