[Adopted 5-27-1997 by L.L. No. 2-1997]
As used in this article, 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 a 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 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.
The use of the term in the singular herein is
intended, where applicable, to include the plural.
The Commissioner of Planning and Development or any code
enforcement officer of the Department of Planning and Development
or any Police Department of the Town of Salina.
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, tenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Town of Salina.
Includes that portion of the Town of Salina located outside
the corporate limits of the Village of Liverpool.
It shall be unlawful for any person within the
town 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 town, except:
A.Â
A vehicle stored within a garage or other enclosed
structure.
B.Â
One or more vehicles located at a business enterprise
operating in a lawful place and manner, when keeping or maintenance
of such vehicle(s) is necessary to the operation of such business.
C.Â
Any vehicle stored in a depository maintained by the
town.
D.Â
One unlicensed, but not disabled, vehicle may be stored
in any residential district, provided that it is registered to the
occupant of the property and to no other individual or corporation
for a period not exceeding six months.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the town in violation of § 180-11 of this article may be removed from the premises on which it is located in the following manner:
A.Â
The enforcement official shall serve personally or
post a copy of the written notice on a conspicuous place on the property
and mail a copy of such written notice on the same day to 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 of the date of said notice. The enforcement official
may determine the ownership of any parcel of land in the town from
the current assessment roll.
B.Â
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 town or its agent shall
be authorized 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 town or
in the same manner as general town taxes.
Any owner, lessee, tenant, occupant, agent or other person who shall neglect and refuse to remove such abandoned, junked, discarded and unlicensed motor vehicle, as directed by this article, 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 article or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the town in the removal and destruction thereof shall, upon conviction thereof, in addition to the cost of removal, be subjected to the penalty specified in Chapter 1, Article II, General Penalty. Each week that such violation shall continue shall constitute a separate violation.
