Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Walworth 12-7-2006 by L.L. No. 4-2006; amended in its entirety 2-21-2013 by L.L. No. 2-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 99.
Property maintenance — See Ch. 128.
Vehicles and traffic — See Ch. 163.
Zoning — See Ch. 180.
The outdoor storage or keeping of junked or abandoned vehicles on privately or publicly owned property within the Town of Walworth is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage or keeping of such vehicles within the Town of Walworth is, therefore, 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:
A. 
Any vehicle that is:
(1) 
Without a current inspection sticker, registration and license plates all properly displayed and/or mounted as required by the New York State Department of Motor vehicles, except for recreational vehicles or box trailers that shall be deemed a structure under Chapter 180 of the Walworth Town Code, and except house trailers;
(2) 
Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some of the materials therein;
(3) 
Wrecked, discarded, dismantled, or partially dismantled;
(4) 
In such a condition as to cost more to repair and place in operating condition than its reasonable market value after such repairs; or
(5) 
Left unattended for more than seven days on a public road or public property.
B. 
With respect to any vehicle not required to be licensed or not usually used on the public highway, the fact that such vehicle has remained unused for more than 12 months and is not in a condition to be removed under its own power shall be presumptive evidence that such vehicle is an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s).
C. 
The fact that a vehicle does not display a current motor vehicle registration, license plate and inspection sticker, except for recreational vehicles, box trailers and house trailers, provided they are compliant with Chapter 180 of the Walworth Town Code, shall be presumptive evidence that such vehicle is not in any condition for legal use upon the highways.
AUTOMOBILE WRECKING
The dismantling or disassembling of new or used vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or parts.
OPERABLE
A vehicle that is substantially intact and not dismantled or partially dismantled, with tires fully inflated, and that can be operated under its own power.
OWNER OF PRIVATE PREMISES
A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of real property located within the Town of Walworth.
OWNER OF VEHICLE
A person, firm or corporation having the property in or title to a vehicle, including a person entitled to use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
PRIVATE PREMISES
Includes all parcels of real property not owned by any unit of government, and situated in the Town of Walworth.
VEHICLE(S)
A machine or vessel propelled by other than human power, designed to travel along the ground or water by use of wheels, tracks or other mechanical means to transport persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, campers/RVs, tractors, trailers, motorcycles, boats and wagons, excluding box trailers and house trailers.
It shall be unlawful for any person, firm or corporation, within the Town of Walworth, to engage in or to assist or participate in automobile wrecking or to store or deposit or cause or permit to be stored or deposited an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) or part or piece thereof on private premises within the Town of Walworth, unless:
A. 
Such vehicle is stored or deposited on a premises legally used, operated and located for a junkyard; or
B. 
Such vehicle is stored in a completely enclosed building; or
C. 
Such vehicle is temporarily stored on the premises of a duly authorized vehicle service station or body repair shop within a business or industrial district of the Town while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted on any such premises at any one time; or
D. 
Such vehicle is temporarily stored on the premises of an actively cultivated farm and used in connection with farm work. Such vehicle must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain inactive for more than nine months; or
E. 
The storage of not more than one operable yet uninspected vehicle on private property is involved, provided it has an unexpired registration sticker properly affixed to the windshield.
No vehicle shall be parked or stored on any private premises that are vacant in a residential district.
A. 
It shall be unlawful for any person, firm or corporation to maintain or permit to be maintained any vehicle parked outside on public property for more than 24 hours.
B. 
It shall be unlawful for any person, firm or corporation to maintain or permit to be maintained, stored or parked outside on public property any abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) at any time.
For the purpose of this chapter, the location of junkyards and yards used for the storage of an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle or for automobile wrecking already established shall be permitted to continue in existence, provided that the owner of the premises shall, within 60 days following the effective date of this chapter, obtain from the Town Board of the Town of Walworth a license in accordance with the terms and provisions of § 136 of the General Municipal Law.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer of the Town of Walworth shall serve a written notice, personally or by regular and registered or certified mail, upon the owner of vehicle or owner of private premises where a vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) is held, or both, to comply with the requirements of this chapter. The Code Enforcement Officer may determine the owner of private premises in the Town of Walworth by the current assessment roll of the Town, and may serve written notice upon the owner of private premises by mailing such notice by regular and registered or certified mail to the person at the address listed on the current assessment roll. If the Code Enforcement Officer is unable to determine the ownership or address of the owner of private premises or the owner of vehicle, such notice may be made by publishing the same in the official newspaper of the Town once each week for two consecutive weeks. In the event the Code Enforcement Officer is unable to determine the ownership of any vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) parked on public property, notification shall be made by publishing the same in the official newspaper of the Town once each week for two consecutive weeks. Affidavits of publication shall be filed with the Town Clerk. Due notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Walworth briefly described as follows:
(Describe the subject property here)
or,
To the owner of personal property, being a vehicle described as follows and parked on public lands: (Describe the subject property here.)
Notice is hereby given that a vehicle or an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) is stored or deposited on the described property in violation of the Vehicles, Junked and Abandoned Law of the Town of Walworth
or,
Notice is hereby given that an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle has been parked on public lands located at _______________________ within the Town of Walworth for a period in excess of ____________ day(s), in violation of the Vehicles, Junked and Abandoned Law of the Town.
or,
Notice is hereby given that a vehicle has been parked on public lands located at _____________ within the Town in violation of the Vehicles, Junked and Abandoned Law of the Town.
This vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle must be removed therefrom within 10 days from the date of this notice; provided however, that if this notice is served on you by publication, said vehicle shall be removed within 24 days from the first publication date of this notice. If such vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s) is not removed on or before the expiration of this said 10 days from the date hereof, or on or before the expiration of the 24 days from the date of this notice in the event it is served on you by publication, the Town of Walworth shall have the right to enter upon the premises and to remove and dispose of the vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s). The expense incurred by the Town of Walworth shall be assessed against the real property of the owner of the vehicle, or of the abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle, or the owner of private premises within the Town of Walworth where the vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle is stored, and shall constitute a lien thereon and shall be collected in the manner provided by law.
Dated:__________
Code Enforcement Officer
Town of Walworth
Each separate day of noncompliance with any provision of this chapter shall be considered a separate violation. A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be a violation punishable by a fine not exceeding $250, plus a Town surcharge, and the Town's cost of inspection, service of notice, removal, towing and permanently disposing of such vehicle or abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle(s), or by imprisonment for 15 days or both. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Walworth in the removal and destruction of a vehicle or an abandoned, unlicensed, uninspected, inoperative, discarded or junked vehicle by the order of the Code Enforcement Officer shall be subject to fines and penalties provided herein for a violator of this section. For the purpose of conferring jurisdiction upon the courts and judicial officers generally, violations of this chapter or any provisions or part thereof shall be deemed violations, and for such purposes, all provisions of law relating to violations shall apply.
Notwithstanding any other provision of this chapter, the Town of Walworth may serve such notice, hold such hearings, and do such other and further things as set forth in this section and at the same time or any other time, without prior notice, may proceed with § 168-8 concerning the imposition of penalties.