[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 9-11-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 112, Vehicles, Abandoned and Junked, adopted 12-13-1983
by L.L. No. 2-1983, as amended.
This chapter shall be known and may be cited
as the "Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicle
Local Law."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
Any motor vehicle as defined in this section which does not
have lawfully affixed thereto both an unexpired license plate or plates
and a current motor vehicle inspection certificate or the condition
of which is wrecked, dismantled, partially dismantled, inoperative,
abandoned or discarded.
Any vehicle which is self-propelled and designed to travel
along the ground and shall include but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors,
go-carts, golf carts, campers, and trailers.
Any person, firm, partnership, association, cooperation,
company or organization of any kind.
Any real property within the Village which is privately owned
and which is not public property, as defined in this section.
Any street or highway, which shall include the entire width
between the boundary lines of every way, publicly maintained for the
purposes of vehicular travel, and also any other publicly owned property
or facility.
The taking away of the subject vehicle so that it is no longer
physically present within the corporate limits of the Village of Hammondsport,
Steuben County, New York. This, however, shall not apply to any vehicles
removed by any law enforcement official or designee by resolution
of the Village Board of Trustees.
The Village of Hammondsport, Steuben County, New York.
No persons shall park, store, leave or permit
the parking, storing or leaving of any motor vehicle of any kind which
is in an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled condition, whether attended or not, upon any
public or private property within the Village for a period in excess
of 72 hours. The presence of an abandoned, wrecked, dismantled, inoperative,
rusted, junked or partially dismantled vehicle or parts thereof on
private or public property is hereby declared a public nuisance, which
may be abated as such in accordance with the provisions of this chapter.
This section shall not apply to any vehicle enclosed within a building
on private property or to any vehicle held in connection with a business
enterprise, lawfully licensed by the Village and properly operated
in the appropriate business zone pursuant to the Zoning Laws of the
Village, or to any motor vehicle in operable condition specifically
adopted or designed for operation on drag strips or raceways or any
vehicle retained by the owner for antique collection purposes.
Whenever it comes to the attention of any law enforcement official or designee by resolution of the Village Board of Trustees that any nuisance, as defined in § 112-3 of this chapter, exists in the Village of Hammondsport, a notice in writing shall be served upon the occupant of the land where the nuisance exists or, in case there is no such occupant, then upon the owner of the property or his agent, notifying him or her of the existence of the nuisance and requesting its removal in the time specified in this chapter.
Upon proper notice and opportunity to be heard,
the owner of the abandoned wrecked, dismantled or inoperative vehicle
and the owner or occupant of the private property on which the same
is located, or either or all of them, shall be responsible for its
removal. In the event of the removal and disposition by the Village,
the owner or occupant of the property where the same is located shall
be liable for the expenses incurred.
Any law enforcement official or designee by
resolution of the Village Board of Trustees of the Village shall give
notice of removal to the owner or occupant of the private property
where it is located at least seven days before the time of compliance.
It shall constitute sufficient notice when a copy of the same is posted
in a conspicuous place upon the private property of which the vehicle
is located and duplicate copies are sent by registered mail to the
owner or occupant of the private property at his last known address.
The notice shall contain the request for removal
within the time specified within this chapter, and the notice shall
advise that upon failure to comply with the notice to remove, the
Village or its designee shall undertake such removal, with the cost
of removal to be levied against the owner or occupant of the property.
The persons to whom the notices are directed, or their duly authorized agents, may file a written request for a hearing before the Board of Trustees of the Village of Hammondsport or its designee within the seven-day period for compliance prescribed in § 112-6 for the purpose of defending the charges by the Village.
The hearing shall be held as soon as practicable
after the filing of the request, and the persons to whom the notices
are directed shall be advised of the time and place of said hearing
at least 10 days in advance thereof. At any such hearing, the Village
and the persons to whom the notices have been directed may introduce
such witnesses and evidence as either party deems necessary.
If the violation described in the notice is
not remedied within the seven-day period for compliance or in the
event that a notice requesting a hearing is timely filed and thereafter
a hearing is had which results in the existence of the violation being
affirmed by the Board of Trustees of the Village of Hammondsport or
its designee, any law enforcement official or as designated by resolution
of the Village Board of Trustees shall have the right to take possession
of the junked motor vehicle and remove it from the premises. It shall
be unlawful for any person to interfere with, hinder or refuse to
allow such person or persons to enter upon private property for the
purpose of removing a motor vehicle under the provisions of this chapter.
Within 48 hours of the removal of such vehicle,
any law enforcement official or designee by resolution of the Village
Board of Trustees shall give notice to the registered owner of the
vehicle, if known, and also to the owner or occupant of the private
property from which the vehicle was removed that said vehicle or vehicles
have been impounded and stored for violation of this chapter. The
notice shall give the location where the vehicle or vehicles are stored
and the costs incurred by the Village for removal.
Upon removing a vehicle under the provisions of § 112-10, the Village shall, after 10 days, cause it to be appraised. If the vehicle is appraised at $75 or less, any law enforcement official or designee by resolution by the Village Board of Trustees shall execute an affidavit so attesting and describing the vehicle, including the license plates, if any, and stating the location and appraised value of the vehicle. Any law enforcement official or designee by resolution of the Village Board of Trustees, after complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the vehicle is appraised at over $75, any law enforcement official or designee by resolution of the Village Board of Trustees shall give notice of public sale not less than 10 days before the date of the proposed sale.
The notice of sale shall state:
The vehicle shall be sold to the highest and
best bidder. At the time of payment of the purchase price, any law
enforcement official or designee by resolution of the Village Board
of Trustees shall execute a certificate of sale, in duplicate, the
original of which is to be given to the purchaser and the copy thereof
to be filed with the Clerk of the Village. Should the resale for any
reason be invalid, the Village's liability shall be limited to
the return of the purchase price.
The owner of any vehicle seized under the provisions
of this chapter may redeem such vehicle at any time after its removal
but prior to the sale or destruction thereof, upon proof of ownership
and payment to any law enforcement officer or designee by resolution
of the Village Board of Trustees of such sum as any law enforcement
official or designee by resolution of the Village Board of Trustees
may determine and fix for the actual and reasonable expense of removal
and any preliminary sale advertising expenses, not to exceed $25,
plus $10 per day for storage of each vehicle redeemed.
Upon the failure of the owner or occupant of
property on which the abandoned vehicle had been removed by the Village
to pay the unrecovered expenses incurred by the Village in such removal,
a lien shall be placed upon the property for the amount of such expenses.
Any person, upon conviction for violation of
any of the provisions of this chapter, shall be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both. Each act and violation of any of the provisions hereof shall
be deemed a separate offense.
