[Amended 9-24-1985; 8-22-1989 by Ord. No. 89-4]
A.
Storage restricted. Open storage of one or more junk
vehicles shall not be permitted on private or public property within
the City of Gloversville except as permitted by this article.
(1)
It shall be unlawful for any person, owner, operator,
occupant or corporation within the City of Gloversville to store or
deposit, or cause, suffer or permit to be stored or deposited any
abandoned, junk or inoperative motor vehicle or part or piece thereof
on any property within the City, except within a garage or other enclosed
structure.
[Added 5-28-2003 by Ord. No. 7-2003]
(2)
An owner of a vehicle who shall neglect or refuse
to remove a nuisance vehicle shall, upon conviction thereof, be fined
a sum not exceeding $250 for each violation thereof. If the vehicle
is not removed after the five-day period, the City of Gloversville
will remove such vehicles in violation. All costs for removal and
storage and court costs, including reasonable attorney's fees, shall
be assessed against the owner of said vehicle, if known, and/or the
owner or occupant of the real property upon which the nuisance vehicle
is located. Any unpaid bills for removal remaining unpaid after 30
days shall be added to the next City tax bill of the property owner.
[Added 5-28-2003 by Ord. No. 7-2003]
B.
Permits for storage for restoration purposes.
(1)
Only one junk car may be permitted to be stored or
located upon a parcel of property when such junk car is actually owned
by the owner or legal occupant of said parcel of property upon which
it is stored, for a period not to exceed 60 days.
(2)
Any person wishing to store or locate a junk vehicle on a parcel of property pursuant to Subsection B(1) hereof must first obtain a permit from the Enforcement Officer allowing such storage.
(a)
A permit pursuant to this subsection may be
granted only after the applicant has presented an application, on
the form adopted by the Enforcement Officer, showing:
[1]
The make, model and year of the vehicle.
[2]
The vehicle identification number.
[3]
The name and address of the last registered
owner.
[4]
The date of expiration of the last registration
plate number as issued by the Department of Motor Vehicles.
[5]
The nature of the applicant's ownership of or
title to said vehicle.
(b)
Further, before such a permit may be granted,
the applicant shall execute and deliver a release and waiver to the
City, granting to it the right to go upon the property to remove such
junk vehicle if it should in the future constitute a violation of
this chapter and releasing the City from all liability for the entering
of said parcel of property and removing such junk vehicle. Such waiver
must be signed by both the owner of the junk vehicle and the owner
or legal occupant of the parcel of property upon which it is to be
stored.
C.
Existing storage.
(1)
The owner or legal occupant of a parcel of property upon which there is stored any junk vehicles, upon the effective date hereof, shall have 15 days from the effective date hereof to make an application for a permit to store said junk vehicles pursuant to Subsection B(2) hereof. If such a permit is not granted, a violation hereof shall commence on the 16th day from the date of enactment hereof.
(2)
No violation shall result if the owner or legal occupant
of such parcel of property shall sign a statement either that said
owner or legal occupant is not the owner of said junk vehicle and
that it was abandoned, stored, left or located upon said property
without the owner's or legal occupant's permission or that said junk
vehicle was stored or located upon said parcel of property prior to
the owner's ownership of said property or the legal occupant's occupancy
of said parcel of property and, in either event, shall also deliver
to the Enforcement Officer a release and waiver allowing the City
to remove such junk vehicle and releasing the City from all liability
for entering said parcel of property and removing such junk vehicle.
Said release and waiver must be signed by the owner and by the legal
occupant, if not occupied by the owner.
D.
Any permit granted pursuant to this section may, upon request made to the Enforcement Officer, be extended for one further period of 30 days if the Enforcement Officer shall determine that substantial improvement has been made to the condition of the junk vehicle to the end that it will no longer be classified as a junk vehicle within the period of the extension. The word "substantial" shall mean that the condition of the junk vehicle is at least fifty-percent repaired or restored for highway use over that existing at the time of the original application for the sixty-day permit provided by Subsection B(1) hereof.
E.
Commercial garage permit.
(1)
Any person operating the business of a motor vehicle
repair shop and registered as such with the Department of Motor Vehicles
may apply for a permit to store or locate upon the parcel of property
owned or legally occupied by such applicant and actually used for
the business of the repair of vehicles no more than six junk vehicles
at any one time, upon an application in the form to be required by
the Enforcement Officer showing the following:
(a)
The exact location of the place or area to be
used for such open storage on a drawing of the boundaries of the parcel
of property, with distances indicated for proximity to highways and
rights-of-way, adjacent property boundaries and buildings located
upon said parcel of property.
(b)
The type of construction of a screen fence of
at least six feet in height, including gates, to be erected.
[1]
The screen shall have no openings to permit
viewing the interior except at the gate and then only openings large
enough to permit the opening and closing of the gate.
[2]
The gate to the fenced area shall lead to an
interior lot driveway or work area and not directly to a street or
public right-of-way.
(c)
That the applicant is registered with the Department
of Motor Vehicles as a motor vehicle repair shop.
(2)
Upon a finding by the Enforcement Officer that the
application as submitted shows the intent to comply with the hereinafter
enumerated requirements, a preliminary approval shall be granted to
allow the construction of the required fencing. The applicant must
obtain a zoning permit from the City Code Enforcement Officer prior
to commencing any construction of an enclosure. Upon completion of
the construction, the Enforcement Officer shall examine and inspect
the adequacy of the screen fence and gate and, if found to be in compliance
with the requirements hereinafter enumerated, shall issue a permit
hereunder.
(3)
Conditions and requirements.
(a)
The area of open storage fenced or to be fenced shall comply with all setback requirements of Chapter 300, Zoning, pertaining to the particular district in which said area of open storage is to be located.
(b)
A screen fence and gate of at least six feet
in height shall completely enclose the area of open storage.
(c)
The gate to the fence enclosure shall be closed
at all times except for the passage of vehicles and the owner or legal
occupant and his employees to gain access and exit therefrom and shall
be securely locked after the close of business each day.
(d)
Stacking or piling of vehicles is prohibited.
(e)
All activity concerned with junk vehicles upon
the parcel of property must be conducted within the confines of the
enclosure.
(f)
The activity to be conducted upon the parcel of property shall not be that of a junkyard as defined in § 212-3 of this chapter, except that parts or components may be removed from said junk vehicles and be reinstalled in or attached to other vehicles upon the parcel of property in the operation of the permittee's motor vehicle repair shop business or such junk vehicles may be sold for removal from the parcel of property.
