[HISTORY: Adopted by the Town Board of the Town of Ellicott 1-7-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
Appearance tickets — See Ch. 5.
Unsafe buildings — See Ch. 55.
Vehicles and traffic — See Ch. 141.
Zoning — See Ch. 146.
Editor's Note: This local law also repealed former Ch. 138, Vehicles, Abandoned; Garbage and Refuse, adopted 2-25-1976 as part of L.L. No. 1-1976, amended in its entirety 8-20-1997 by L.L. No. 2-1997.
Pursuant to the authority conferred by Article 2 of the Municipal Home Rule Law of the State of New York, and for each and every purpose specified therein, the Town Board of the Town of Ellicott has ordained and does hereby enact the following chapter regulating and restricting the use and disposal of abandoned vehicles and garbage and refuse within said town.
This chapter shall be known and cited as the "Vehicles, (Abandoned); Garbage and Refuse Law of the Town of Ellicott."
This chapter is enacted in recognition of the fact that junk cars, garbage and refuse abandoned or stored on private property can constitute both a public and private nuisance. Such items constitute a potential danger to children and also are generally unsightly. Their existence depreciates not only the property on which they are located but also the property of other persons in the neighborhood and the town generally. The continued existence of such abandoned junk automobiles, garbage and refuse makes the town a less safe and less pleasant place in which to live and to do business. It detracts from a clean, wholesome and attractive environment and is injurious to the welfare of the town as a whole. The intent of this chapter is to establish a legal procedure for the removal of the junk and abandoned cars, garbage and refuse where they are found in the town outside of duly licensed establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
- Any motor vehicle, as that term is defined herein, except a farm vehicle, which is:
- A. Unlicensed or unregistered; or
- B. Wrecked, inoperative or not in condition for legal use on the public highways or which is in the process of being dismantled. Lack of a current New York State inspection sticker on a motor vehicle shall be prima facie evidence that the motor vehicle is inoperative and/or not in condition for legal use on a public highway.
- DISCARDED MOTOR VEHICLE
- Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of, or any motor vehicle the owner of which cannot be found after due and reasonable inquiry.
- ENFORCEMENT OFFICER
- The Building Inspector of the town, unless the Town Board, by resolution, designates some other town officer as enforcement officer or by resolution establishes the position of Enforcement Officer for the town and appoints some qualified person thereto at a salary specified in such resolution.
- GARBAGE AND REFUSE
- Waste, secondhand or used materials of whatever composition.
- JUNK CAR
- Any motor vehicle, whether automobile, bus, truck, semitractor, motor home or any other vehicle originally intended for travel on the public highways which is abandoned, discarded, stored, left or located by its owner or any other person or is permitted or condoned to be abandoned, discarded, stored, left or located by its owner or any other person on private premises in the town, outside any village in said town and outside any establishment duly licensed by the town, and which junk car is uninspected by the State of New York or any other state and is not operable. The use of the term in the singular herein is intended, where applicable, to include the plural.
- MOTOR VEHICLE
- Every vehicle 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. For the purposes of this definition, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
- OWNER OF MOTOR VEHICLE
- A person having the property in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person and also including any lessee of a motor vehicle having the use thereof under lease or otherwise, or bailee having control of a motor vehicle.
- OWNER OF PRIVATE PROPERTY
- A person who or which is the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the town, outside the villages.
- Any individual person or persons, firm, partnership, corporation, association, joint venture, limited liability company or other entity owning real property in the town outside any villages therein.
- PREMISES OR PROPERTY
- Includes all parcels of real property privately owned situated in the town, outside the villages, whether occupied or vacant.
- PROPER CAR COVER
- Cover which is specifically suited or adapted for a particular model or size of motor vehicle.
- UNINSPECTED MOTOR VEHICLE
- Any motor vehicle which may be licensed in the State of New York and is not currently inspected. The fact that a motor vehicle does not display a current inspection sticker shall be presumptive evidence of the fact that such motor vehicle is not currently inspected and is thus uninspected.
No person shall engage in or conduct, whether for profit or otherwise, on real property within the town, either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, at wholesale or retail, any operation which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise of bodies, engines or parts of autos or of any other secondhand or used property, of whatever material it is composed, or any waste material, whether composed of wood, plastic, paper, cloth, cardboard, metals, stone, concrete, glass or otherwise.
It shall be unlawful for any person, either as owner, occupant, lessee, agent, tenant or otherwise of property within the town, to store or cause or permit to be stored or deposited any abandoned, junked or discarded motor vehicles, or part or piece thereof, on any private property within the town, unless:
Such motor vehicle is stored or deposited on a premises legally used, operated and located for a junkyard.
Such motor vehicle is stored or deposited in a completely enclosed building.
Such motor vehicle is covered by a proper car cover. No more than one such covered motor vehicle shall be permitted at any one time on any premises. This shall not be in addition to motor vehicles referred to in Subsection B(5).
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws in the town.
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be maintained and protected so as to not create any hazard or nuisance to surrounding property owners and shall not remain on the premises for more than 60 days.
Commencement of proceedings. Whenever the Building Inspector or his/her duly authorized representative has inspected any property and has determined that said property is in violation of any provision of this chapter, he/she may commence proceedings to cause the property's cleanup, and may prosecute the matter criminally.
Routine action. Whenever the Building Inspector or his/her duly authorized representative determines that a property is in violation of any provision of this chapter, he/she shall give notice by regular mail of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than five days for compliance and shall be served by regular mail upon the owner, occupant, agent or operator, as the case may require. Such notice may contain an outline or mention of the remedial action that may be taken to effect compliance in the event that the owner, occupant, agent or operator does not comply with said notice within the time period specified therein. The Building Inspector or his/her duly authorized representative may extend the compliance time specified in any notice issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
The Building Inspector or his/her representative shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
Fine or imprisonment. Any person who fails to comply with any provision of this chapter or fails to comply with any notice, order or directive of the Building Inspector or his/her representative after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.
An action or proceeding in the name of the Town of Ellicott may be commenced in any court of competent jurisdiction to compel compliance with, or restrain by injunction the violation of, any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules and regulations adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.