[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 9-11-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 112, Vehicles, Abandoned and Junked, adopted 12-13-1983 by L.L. No. 2-1983, as amended.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.
- JUNKED MOTOR VEHICLE
- 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.
- MOTOR VEHICLE
- 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.
- PRIVATE PROPERTY
- Any real property within the Village which is privately owned and which is not public property, as defined in this section.
- PUBLIC PROPERTY
- 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.