[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Harbor 9-14-2000 by L.L. No. 1-2000;
amended in its entirety 4-18-2007 by L.L. No. 1-2007. Subsequent amendments
noted where applicable.]
The outdoor storage of abandoned or junked motor
vehicles or the used parts therefrom within the Incorporated Village
of Hewlett Harbor is a hazard to the preservation of the public health,
welfare and safety in that it constitutes health, fire and safety
hazards and is an attractive nuisance to children, which is a peril
to their safety. Such outdoor storage constitutes a blight on the
Village's landscape, is generally unsightly and tends to depreciate
the value of property in the neighborhood. Outdoor storage of abandoned
or junked motor vehicles or the used parts therefrom within the Village
is hereby regulated for the preservation of the public health, safety,
and welfare of its residents.
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle, the ownership of which cannot reasonably
be determined or of which the owner does not intend to recover possession.
Any motor vehicle which is unregistered in the State of New
York or any other state and/or which is either in a wrecked or dismantled
or partly dismantled or inoperative condition.
A valid and current plate or plates issued by any State with
up-to-date certifications, if any.
All vehicles propelled or drawn by power other than muscular
power, intended for use on public highways.
Any individual, firm, partnership, association, or corporation.
A.Â
It shall be unlawful for any person to store or deposit
or cause or permit to be stored or deposited an abandoned or junked
motor vehicle or the used pans therefrom in the Village except within
a wholly enclosed building.
B.Â
Any abandoned or junked motor vehicle or the used
parts therefrom stored or deposited on any land in the Village shall
be removed by the owner, occupant, lessee, agent or tenant thereof
or the person occupying, managing or controlling said land.
The Building Inspector or his authorized representatives
are hereby designated to enforce the provisions of this chapter.
Any abandoned or junked vehicle that constitutes
an immediate hazard to the use of the streets and public lands of
the Village may be removed by the Village without prior notice to
the owner thereof. However, upon removal of any such abandoned or
junked vehicle removed by the Village, reasonable efforts shall be
made by the Village to ascertain the name and address of the owner
of the vehicle who, if located, shall be given notice by certified
mail as soon as practical of the place where the vehicle may be recovered
and the cost of recovery by prior payment, by cash or bank check,
of the reasonable charges for the removal and storage of the abandoned
or junked vehicle.
A.Â
Notice.
(1)Â
If the provisions of § 4-3 are violated, the Building Inspector shall serve a written notice of violation upon the owner, occupant or person having control of the land upon which the violation exists to comply with the provisions of this chapter. The owner, occupant or person having control of said land shall be given 15 days from the date of the written notice to remove the abandoned or junked motor vehicle(s) or the used parts therefrom.
(2)Â
The written notice of violation shall be by personal
service or by certified mail, postage paid, returned receipt requested
with a copy sent by regular, first-class mail.
B.Â
In the event the owner, occupant or person having
control of said land desires a hearing before the Building Inspector
to determine the applicability of this chapter to said owner, occupant
or person having control, a written request for such hearing must
be served upon the Village Clerk within 10 days of the date the written
notice of violation is deemed delivered. The notice shall be deemed
delivered three days after mailing is sent by certified mail or the
date the owner, occupant, or person having control of said land is
personally served.
If a person served with a notice pursuant to § 4-6 hereof shall request a hearing, the Building Inspector or his designee of the Village shall hold the same within 30 days from the receipt of the request therefor and shall hear said person and all other persons interested concerning the removal of the abandoned or junked motor vehicle or the parts therefrom and the applicability of this chapter. If the Building Inspector or his appointed designee shall decide that the motor vehicle or parts are abandoned or junked and stored or deposited in violation of , the person served with the notice shall remove the same within 15 days of such decision.
Any vehicle stored on any land within the Village
shall have the license plate clearly visible from the street with
the number and calendar year for which such license is issued in figures
or letters plainly discernible. Said license plate shall be attached
to the rear and/or front of the vehicle (as state law requires) in
a conspicuous place and shall be kept clear and readable at all times.
Any vehicle with properly registered temporary
or dealer plates may remain on private property for a period of no
longer than one week.
A.Â
Any person or persons, association or corporation
committing an offense against this chapter or any section or provision
thereof shall be guilty of a violation, punishable by a fine not exceeding
the amount of $1,000 per day for each day the violation exists or
imprisonment for a period not exceeding 15 days, or both such fine
and imprisonment. A new appearance ticket may be issued each day that
the offender(s) is/are in violation.
[Amended 5-15-2008 by L.L. No. 2-2008]
B.Â
Each day of continued violation shall constitute a
separate additional violation.
