[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 10-10-1984 by L.L. No. 2-1984. Amendments
noted where applicable.]
The Village Board of the Village of Sylvan Beach, in order to promote
the general safety, health and welfare and in the exercise of its police powers
to promote the same, after due consideration and hearing all opposed and in
favor, does hereby find that the general safety, health, welfare and interest
of the public will be protected and promoted by the adoption of the following
chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall have its normal meaning within the law.
The status of any vehicle which cannot pass the appropriate motor
vehicle safety inspection promulgated by the New York State Department of
Motor Vehicles within the time period set forth by the Department of Motor
Vehicles.
Includes any individual, society, club, firm, partnership, corporation
or any other association of persons, and the plurals of the same.
The status of a motor vehicle when an appropriate and valid registration
of any state or other entity granting registrations recognized by the State
of New York is not in effect for the vehicle. Failure to bear an appropriate
license plate and registration sticker, or other lawful proof of registration,
shall give rise to a presumption that the vehicle is unregistered.
A vehicle is not capable of being lawfully and safely operated for
the purpose of transportation of persons or things. A vehicle used as a source
of parts or storage shall be presumptively unusable.
A.
It shall be unlawful for any person to store or deposit
upon his premises or property, whether in connection with another business
or not, for more than seven days, any unregistered, abandoned, inoperable
or unusable motor vehicle, except where such vehicle is garaged or fenced
on all sides from public view by a permanently erected structure.
[Amended 4-29-2002 by L.L. No. 1-2002]
B.
It shall be unlawful for any person to store or deposit
upon his premises or property, for any purpose, used parts or waste material
from vehicles which, taken together, equal in bulk one or more such vehicles,
except where such used parts and waste materials are garaged or fenced on
all sides from public view by a permanently erected structure.
Any violation of the provisions of this chapter shall be a violation
as defined under the Penal Law of the State of New York and shall be punishable
by up to 15 days incarceration and/or punishable by a fine of up to $250.
Each week's continued violation of the provisions of this chapter shall
constitute a separate violation.
The provision of this chapter may be enforced by any duly authorized
peace officer and/or Codes Enforcement Officer and/or his duly authorized
assistants, and upon complaint of any person.
A.
Upon a conviction of a violation of this chapter, the
Village of Sylvan Beach or its designee may go upon the property of the offender
and remove the vehicle so as to alleviate the complained of, unhealthful,
dangerous or hazardous condition. In the event that the Village or its designee
does remove the vehicle, then, in such event, the vehicle shall be removed
to and stored at a site designated for such purpose by the Village Board and
shall remain there until retrieved by its owner as provided for herein or
is disposed of by the Village Board as provided for by law.
B.
In the event that the Village does take such action as described in § 120-6A, the Village shall ascertain the costs of such removal and storage and, upon completion, assess the expense thereof upon the owner of the property upon which the vehicle is found and notify the owner of the assessment. Such assessment, if not paid within seven days of the date of mailing of such notice of assessment to the alleged violation, shall become a lien and charge upon the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
