[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.
A.
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.
B.
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.
