[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 9-7-1965 by L.L. No. 1-1965 (Ch. 127 of the 1987 Code); amended in its entirety 10-21-2019 by L.L. No. 5-2019. Subsequent amendments noted where applicable.]
It is hereby declared and found that storage of abandoned, junked, discarded, dismantled, unlicensed, or unregistered motor vehicles in and upon privately owned or occupied property within the Village of Liverpool is a matter affecting the public interest; that it constitutes a nuisance in that health, fire and safety hazards are created thereby; and that, consequently, this matter is subject to supervision and control for the purposes of safeguarding the public health, safety and general welfare of the residents of the Village of Liverpool and for the preservation of peace and good order, the benefit of trade, the prevention and extinguishment of fires and explosions and the abatement of attractive nuisances to children and perils to their safety within the Village of Liverpool. It is hereby declared that the adoption of this chapter has for its purpose the effective termination of such obnoxious practices.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, that is:
- (1) Unlicensed, unregistered, old, wrecked, stored, discarded, dismantled or partly dismantled and which is not intended or in any condition for legal use upon the public highway.
- (2) Being held or used for the purposes of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein for the purpose of disposing of the same.
- (3) In such condition as to cost more to repair and place in operating condition than its reasonable market value at that time before such repair.
- B. With respect to any motor vehicle not required to be licensed or not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is an abandoned, junked or inoperative motor vehicle.
- C. The fact that a motor vehicle may be licensed or registered with the State of New York but does not display a current license plate shall be presumptive evidence that such motor vehicle is unlicensed or unregistered.
- D. The use of the term in the singular herein is intended, where applicable, to include the plural.
- ENFORCEMENT OFFICIAL
- The Chief of Police or any subordinate officer of the Liverpool Police Department or the Code Enforcement Officer.
- OWNER OF PRIVATE PROPERTY
- Any person, firm, partnership or corporation, whether business or membership or religious, charitable or otherwise, or any purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property or any other unit or entity owning real property in the Village of Liverpool.
It shall be unlawful for any person within the Village of Liverpool to store or deposit, or cause, suffer or permit to be stored or deposited, an abandoned, junked or inoperative motor vehicle or part or piece thereof on any private property within the Village, except within a garage or other enclosed structure.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the Village in violation of § 360-3 hereof may be removed from the premises on which it is located in the following manner:
The enforcement official shall serve personal or written notice on the owner of the private property on which the vehicle is located, ordering such person to remove the same or cause the same to be removed therefrom within five days of the date of said service. The enforcement official may determine the ownership of any parcel of land in the Village from the current assessment roll.
In the event that said abandoned, junked or inoperative motor vehicle or vehicles are not removed from the premises or located within the time required in the notice, the Village shall have the right to enter upon the premises and to remove and dispose of the abandoned, junked or inoperative motor vehicle or vehicles. The expense of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected, if necessary, in a civil action instituted in the name of the Village.
Any owner, lessee, tenant, occupant, agent or other person who shall neglect and refuse to remove said abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this chapter, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village in the removal and destruction thereof, shall be punishable as provided in § 1-12 of Chapter 1, General Provisions, for each violation thereof.