[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 6-27-1983 by L.L. No. 9-1983. Amendments noted where applicable.]
The Village of Massapequa Park has the duty, responsibility and obligation to maintain its streets and thoroughfares in a safe and proper fashion. Derelict, abandoned, unlicensed or immobile vehicles undergoing repair or maintenance on public streets create hazards to normal road traffic and are an attractive nuisance to the residents of the village.
No person, persons, corporations or other legal entity shall be allowed to place or put an inoperable or abandoned motor vehicle on the streets within the Incorporated Village of Massapequa Park. Said inoperable or abandoned motor vehicle must remain on the residential property of the owner of said motor vehicle.
Any motor vehicle that requires repairs or maintenance to render it capable of independent locomotion cannot remain on village streets for more than a continuous period of 24 hours. The owner or lawful user of said motor vehicle must remove said vehicle in any lawful manner whatsoever off the village streets for said repair or maintenance. There shall not be allowed any maintenance of motor vehicles on village streets or any other public area within the Incorporated Village of Massapequa Park.
If a motor vehicle which is either inoperable or abandoned is on the village streets or any other public area for a period of time exceeding 24 hours, the Village of Massapequa Park, after having made a reasonable attempt to ascertain the lawful owner of said motor vehicle, shall have the right to issue a summons to the owner of laid motor vehicle for a violation of this chapter. After the issuance of he summons, the village, after 48 hours' written notice to the lawful owner at his last known address, setting forth the violation of this chapter, shall have the right to remove and/or tow away said motor vehicle at the sole cost and expense to the owner of said motor vehicle or to the lawful user of said motor vehicle. Said owner or lawful user of said motor vehicle shall be billed for said cost of removal of the same, and if the bill is not paid within 30 days, the village shall have the right to assess the cost of the same to the tax bill of said residential owner or lawful user and use all other appropriate legal remedies to collect the same.
Forty-eight hours' notice, by certified mail, return receipt requested, or by personal service or any other legal means, shall be given by the village to the lawful owner of said motor vehicle which is inoperable or abandoned before said motor vehicle, which is either inoperable or abandoned on residential streets as stated above, shall be removed or towed away by the village.
The village shall charge a car owner $25 per day for the storage of said motor vehicle by the village, plus any other costs incurred by the village in the storage of said motor vehicle. After said motor vehicle has been in storage by the village for a period of 30 days, the village shall have the right, on not less than 10 days' written notice, sent by certified mail, return receipt requested, by the village to said car owner, at his last known address, to advise him or her that such motor vehicle will be sold at a public auction for the best price the village can obtain. A general description in such notice of the property to be sold shall be sufficient.
Said sale shall be conducted by the Village Administrator or by an employee or auctioneer designated by him.
In the event that a motor vehicle parked on village streets shall constitute a safety hazard to the public or an attractive nuisance to the residents of the village or to other persons, then no notice shall be required to be given by the village to any person before said motor vehicle is towed away by the village.
[Amended 6-13-1994 by L.L. No. 17-1994]
Any person, persons or party found guilty of violating this chapter shall be subject to a fine of up to the maximum fine allowed by law and/or 15 days in jail, in addition to any costs or expenses incurred in the towing of said motor vehicle by the Village of Massapequa Park.