[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook
4-29-1986 by L.L. No. 4-1986 as Article 17 of Chapter 44 of the 1979 Municipal
Code. Section 185-5A amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
The Board of Trustees of the Village of Maybrook hereby adopts the following
chapter to control storing or depositing of abandoned, junked or inoperative
vehicles on private property, except within a garage or enclosed structure.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, that is:
Unlicensed, old, wrecked, stored, discarded, dismantled or partly dismantled
and which is not intended or in any condition for legal use upon the public
highway.
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.
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.
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."
The fact that a motor vehicle does not display a current motor vehicle
registration or license plate shall be presumptive evidence that such motor
vehicle is unlicensed.
The use of the term in the singular herein is intended, where applicable,
to include the plural.
Any officer of the Maybrook Police Department or any person authorized
to issue appearance tickets in the Village pursuant to the laws of the State
of New York.
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 Maybrook.
It shall be unlawful for any person within the Village 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 § 185-3 may be removed from the premises on which located in the following manner:
A.Â
The enforcement official shall serve written notice by
certified mail 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 10 days after the date of a hearing before the Board of Trustees.
Such notice shall be mailed at least five days prior to the hearing. The enforcement
official may determine the ownership and the address of the owner of any parcel
of land in the Village from the current assessment roll. Following such hearing,
the Board may affirm, modify or rescind the enforcement official's order.
B.Â
In the event that said abandoned, junked or inoperative
motor vehicle or vehicles are not removed from the premises within 10 days
subsequent to the hearing or said other time period as the Board may specify,
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 pursuant to Village
Law § 5-518 or, if necessary, in a civil action instituted in the
name of the Village.
A.Â
In addition to any expenses which may be collected pursuant to § 183-4B above, any person committing an offense against this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.[1]
B.Â
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
