[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park at time of adoption of Code 2-21-1990 by L.L. No. 1-1990; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known as and entitled the "Abandoned and Junk Vehicles Local Law of the Village of Tuxedo Park."
The outdoor storage of abandoned, junked, discarded or unregistered vehicles on privately owned property within the Village of Tuxedo Park is detrimental to the health, safety and general welfare of the community and constitutes a detriment to a clean, wholesome, safe and attractive environment that is important to the community. The storage of such vehicles endangers the person and property of members of the community and constitutes a potential nuisance to the children of the community. The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum fumes and constitute an everpresent danger of explosion. Abandoned or junk vehicles often contain broken glass and sharp metal edges and usually are stored or abandoned with batteries containing harmful acids. The control of the outdoor storage of abandoned or junk vehicles on privately owned property in the Village is therefor regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- The intent of the owner of a vehicle not to use it on the public highways or as a conveyance in the manner for which said vehicle was originally designed shall establish it as abandoned. The intent of the owner shall be determined by the physical condition of the vehicle, any statements as to its abandonment, the length of time since the vehicle was last used, whether the vehicle is currently registered and other relevant facts.
- DISCARDED VEHICLE
- Any vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of, or any vehicle the owner of which cannot be found after due and reasonable inquiry.
- JUNK VEHICLE
- Any vehicle in such condition as to cost more to repair and place the same in operating condition than the reasonable market value before such repair.
- PREMISES OR PROPERTY
- Includes all parcels of real property privately owned, situated in the Village of Tuxedo Park, whether occupied or vacant.
- OWNER OF VEHICLE
- Any person, firm, corporation or association having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person and including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
- UNREGISTERED VEHICLE
- Any vehicle which may be registered with the State of New York and is not currently registered. The fact that a vehicle which may be registered with the State of New York does not display a current license plate or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently registered.
- Every motor vehicle or other conveyance originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power, together with all coveyances popularly referred to as "snowmobiles," "all-terrain vehicles" and "jitneys," as well as any other substantially rebuilt, modified or altered motor vehicles. For the purpose of this chapter, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Tuxedo Park, to store or deposit or cause or permit to be stored or deposited an unregistered, abandoned, junk or discarded vehicle, or part or piece thereof, on any private property within the Village unless:
Such vehicle is not visible from any public road or neighboring properties; or
Such vehicle is under repair, reconstruction or refurbishing by the owner thereof, who must actually be residing upon the premises. Such vehicle must be maintained and protected so as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for more than one month.
Any vehicle that is deemed abandoned, junk, discarded or unregistered, as defined in this chapter, may be removed from the premises on which it is located by the Village of Tuxedo Park in the manner hereinafter provided:
The Building Inspector or a police officer, upon detecting an abandoned, junk, discarded or unregistered vehicle, shall serve written notice on the person owning the premises on which the same is located ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of such service or to file written notification that the vehicle has been abandoned on his property by another. Such notice shall also contain a description of the premises, a statement as to the location thereon of the vehicle, reference to this chapter and to the fact that the location of such vehicle on such premises is in violation of this chapter. If such premises is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice, or if no owner can be located upon whom to make personal service, the Building Inspector or police officer shall mail such notice to owners not personally served, or to the owner and to all the owners if no owner was personally served, by registered mail to their or his last known address as shown on the latest completed assessment roll of the Village. In addition, such Building Inspector or police officer shall post conspicuously a copy of such notice on the premises upon which such vehicle is located.
At the expiration of 10 days after the service or mailing and posting of such notice, if such abandoned, junk, discarded or unregistered vehicle has not been removed or if the property owner has not, in writing, informed the Building Inspector or police officer that the vehicle was abandoned on his property by another, the Building Inspector or police officer shall report such fact to the Village Board in writing. Such report shall recite the violation, the notices given as required hereunder and the failure to comply therewith and may include or refer to photographs of such vehicle and of the premises upon which it is located. Such report shall be entered in the official minutes of the Village Board by the Village Clerk, and any such photographs shall be filed in the Village Clerk's office. The Village Board shall thereafter hold a public hearing upon 10 days' prior notice published in the official newspaper of the Village and posted on the signboard of the Village. Such notice of hearing shall include a statement that the purposes of the hearing are to give the property owner where the vehicle is located and the person owning such vehicle an opportunity to be heard as to why the same has not been removed and also for the Village Board to receive proposals for the removal of such vehicle.
After the hearing, the Village Board may contract for the removal of such abandoned, junk, discarded or unregistered vehicle. Any expense to the Village in accomplishing such removal may be assessed by the Village Board on the real property from which such vehicle was removed, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged as other Village charges.
Upon notification from the property owner, within the ten-day period, that the abandoned, junk, discarded or unregistered vehicle was abandoned on his property by another, the Building Inspector or police officer shall make an inquiry in an attempt to identify the last registered owner of the vehicle so that said vehicle owner can be joined in all subsequent proceedings as set forth herein:
Following identification of the last owner of the vehicle, the Building Inspector or police officer shall report in writing to the Village Board describing the location of the vehicle along with information identifying the last registered owner, who shall be sent a written notice, as set forth hereinabove, by certified mail, to his last known postal address.
The Village Board shall thereafter hold a public hearing upon 10 days' prior notice published in the official newspaper of the Village and posted on the signboard of the Village. Such notice of hearing shall include a statement that the purposes of the hearing are to give the person identified as the last registered owner, as well as the property owner where the vehicle is located, an opportunity to be heard as to why they should not be charged directly or as a lien and charge against the property for removal of said vehicle and also for the Village Board to receive proposals for the removal of such vehicle.
The cost of removal of the vehicle shall not become a charge against the property owner, as set forth in Subsection C hereinabove, if the Building Inspector or police officer has: