[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 156.
Housing standards — See Ch. 238.
Property maintenance — See Ch. 316.
Abandoned refrigerators — See Ch. 329.
Abandoned shopping carts — See Ch. 358.
Streets and sidewalks — See Ch. 372.
Taxicabs and public conveyances — See Ch. 390.
Vehicles and traffic — See Ch. 415.
[Adopted 7-27-1964 by Ord. No. 7.6 of the Unified Code of Ordinances of 1960 (Ch. 62, Art. II, of the
1968 Code)]
A.
No person, being the owner or operator of a motor
vehicle, shall permit said motor vehicle to remain on any street affected
by an emergency due to snowfall, flood, fire or other extraordinary
condition affecting the normal flow of traffic.
B.
The accumulation of more than two inches of snow or ice as a result of a snowstorm, hail, sleet, flood, etc., shall be deemed notice to all persons that a state of emergency, as referred to in Subsection A hereof, exists. Parking on all streets in any districts during such emergency shall be prohibited. The hours during which such parking shall be prohibited may be posted by the Village Clerk at her office. In the event that no such hours have been posted or announced, said prohibition of parking shall continue for a period of 24 hours from the cessation of the occurrence causing the accumulation of snow and ice.
[Added 2-11-1974 by L.L. No. 3-1974;
amended 1-23-1989 by L.L. No. 1-1989]
No person who is the owner or operator of a
motor vehicle shall park or permit said motor vehicle to remain upon
any street under the following circumstances:
A.
When the motor vehicle is in a disabled condition
so as to be incapable of operation and has remained on the public
street for a period in excess of 12 hours.
B.
When the position of the motor vehicle on the street
is in such a place, position or at such a time as to constitute a
hazard or obstruction to traffic.
C.
When a motor vehicle has been left unattended for
a period of more than 48 hours after the owner, according to the registration
of said vehicle, has been notified to remove it. For the notification
required under this subsection, it shall be sufficient that a notice
in writing is sent by certified mail, with return receipt, to the
owner at the address set forth in the motor vehicle's registration.
The forty-eight-hour time period shall commence from the time of the
mailing of said notice by certified mail.
D.
At any time between the hours of 3:00 a.m. and 6:00
a.m. of any day.
[Added 5-9-2005 by L.L. No. 7-2005]
E.
In such a manner as to violate the provisions of this
article and where the vehicle has been cited not fewer than three
times with a previous violation of the parking codes, rules or regulations
of the Village of Patchogue, and where such citations remain outstanding
or unanswered.
[Added 5-9-2005 by L.L. No. 7-2005]
[Amended 2-11-1974 by L.L. No. 3-1974]
A.
Any motor vehicle which remains on a street in violation of the provisions of §§ 412-1, 412-1A and 412-2A, upon the failure of the owner or operator to remove it within a reasonable time, may be removed by a police officer or under the direction of a police officer, Fire Marshal or Chief of the Patchogue Fire Department.
[Amended 5-9-2005 by L.L. No. 7-2005; 3-9-2009 by L.L. No.
7-2009]
B.
Upon such removal, the motor vehicle may be stored
in a suitable place by the officer involved at the expense of the
owner and may not be redeemed by the owner or his duly authorized
agent until payment is made to the Village Clerk of the amount of
all expenses actually and necessarily incurred in effecting such removal,
not exceeding the sum for such removal and the sum, per day, for storage
thereof, each as set from time to time by resolution of the Board
of Trustees.
[Amended 4-28-1986 by L.L. No. 5-1986; 3-9-2009 by L.L. No.
7-2009]
C.
It shall be the duty of the officer in charge of removal
and storage of any motor vehicle to report the same forthwith to the
Village Clerk, and it shall be the duty of the Village Clerk to notify
the owner of the motor vehicle of the disposition of the vehicle and
of the amount of money which the owner will be required to pay to
redeem it.
[Adopted 3-9-2009 by L.L. No. 7-2009]
The Board of Trustees of the Village of Patchogue
hereby finds that the storage or presence of abandoned, junked or
inoperative motor vehicles on private property creates a public and
private nuisance and is harmful to the public health, safety and welfare.
Such vehicles present a source of serious injury, particularly to
children, seriously harm the aesthetic qualities of the Village and
tend to depreciate the value of properties in the neighborhood and
in the Village. The Board of Trustees finds that the problems can
be diminished by permitting the outside storage of only one such vehicle
and requiring that any additional such vehicle(s) are stored within
a garage or other enclosed structure.
As used in this article, the following terms
shall have the meanings as indicated:
Any motor vehicle, as defined in the Vehicle
and Traffic Law of the State of New York, that is:
Unlicensed, old, wrecked, stored, discarded,
dismantled or partly dismantled and which is not intended or in any
condition for legal use upon the public highway; or
Being held or used for the purposes of resale
of used parts therefrom or for the purpose of reclaiming for use some
or all of the materials therein for the purpose of disposing of the
same; or
In such condition as to cost more to repair
and place in operating condition than its reasonable market value
prior to such repair; or
Left unattended for more than 96 hours on property
of another if left without permission of the property owner.
The fact that a motor vehicle does not display
a current motor vehicle registration, inspection sticker or license
plate shall be presumptive evidence that such motor vehicle is not
in any condition for legal use upon the highways.
With respect to any motor vehicle not required
to be licensed or not usually used on public highways, the fact that
such motor vehicle has remained unused for more than six months and
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is an abandoned, junked or inoperative
motor vehicle.
The use of the term in a singular herein is
intended, where applicable, to include the plural.
The Building Inspector or any person authorized to issue
appearance tickets in the Village.
Any person, firm, partnership or corporation, whether business
membership, religious, charitable or otherwise, or any association
or any other unit or entity owning real property in the Village of
Patchogue.
[Amended 9-28-2009 by L.L. No. 24-2009]
It shall be unlawful for any person to store
or deposit or cause, suffer or permit to be stored or deposited any
abandoned, junked or inoperative motor vehicle or part or piece thereof
outside of an enclosed structure on any property within the Village.
Motor vehicles shall be deemed abandoned in the absence of New York
State Department of Motor Vehicle license plates properly issued,
registered and affixed to the vehicle.
A.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
B.
In addition or as an alternative to the above-provided penalties, the Village may commence a vehicle removal administrative proceeding pursuant to § 412-8.
C.
In addition or as an alternative to the above provided
procedures and penalties, the Board of Trustees may maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this article.
In addition or as an alternative to the fines, penalties and other remedies provided in § 412-7, any abandoned, junked or inoperative motor vehicle in violation of § 412-6 may be removed from the property on which it is located in the following manner:
A.
Notice and hearing.
(1)
The enforcement official shall serve written notice,
either by personal service on the property owner, tenant or agent,
or by certified mailing to the owner of the private property on which
the vehicle is located and posting a copy of such notice in a conspicuous
place on the subject property, ordering such property owner to remove
the vehicle or cause the vehicle to be removed therefrom within 10
days after the date of a hearing before the Village Zoning Board of
Appeals (ZBA). Such notice shall be mailed at least five days prior
to the hearing and shall state the date of the hearing.
(2)
Such notice shall also state that:
(a)
Failure to remove the vehicle within the specified
period shall cause legal title to the vehicle to vest in the Village
and shall grant to the Village the legal right to enter upon the premises
to remove and sell or dispose of said vehicle.
(b)
At the hearing, the property owner is entitled
to be represented by counsel and present testimony and witnesses.
(c)
The expense of such removal, storage and sale
or disposal, including the costs of this proceeding, shall be charged
to the vehicle owner and property owner and may be charged against
the property and, if unpaid, said charge may be assessed, levied and
collected in the same manner as a real property tax.
(3)
The enforcement official may determine the ownership
and the address of the owner of any parcel of land in the Village
from the current assessment roll.
(4)
Following the aforesaid hearing before the ZBA, the
ZBA may affirm, modify or rescind the enforcement official's order.
B.
Removal. In the event that said abandoned, junked
or inoperative motor vehicle is not removed from the premises within
10 days after the hearing, or within such other time period as the
ZBA may specify, the Village shall have the right to enter upon the
premises and to remove, store and sell or dispose of said vehicle.
The expense of such removal, storage and sale or disposal, including
the costs of the proceeding, shall be a lawful charge against the
owner of the vehicle and the owner of the property. If said charge
is not paid as required, said charge may be assessed and levied against
the property and collected in the same manner as a real property tax
or, in the alternative, said charge may be collected in a civil action
instituted in the name of the Village.
C.
Acquisition of title to vehicle by Village.
(1)
If a vehicle which is declared abandoned, junked or inoperative by the enforcement official has no current registration, inspection sticker or license plate and is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, title to such vehicle shall vest in the Village 10 days subsequent to the public hearing provided for in § 412-8A. Such determination as to wholesale value shall be made by the enforcement official.
(2)
For vehicles other than those governed by Subsection C(1) above, the Village shall notify the last owner of the vehicle and any lienholders thereon that the Village has commenced procedures to acquire title to the vehicle, and if such vehicle is not claimed and removed from the property within 10 days subsequent to the aforesaid public hearing, title to such vehicle shall vest in the Village.
(3)
Notwithstanding the above, if an abandoned, junked
or inoperative motor vehicle has no license plate affixed and is of
a wholesale value, taking into consideration the condition of the
vehicle, of $750 or less, the Village shall not be required to obtain
title to such vehicle if the vehicle will be sold or otherwise disposed
of as junk or salvage, dismantled for use other than as a motor vehicle,
or otherwise destroyed.
D.
Sale, use and disposal of vehicle.
(1)
The Board of Trustees shall determine if an abandoned, junked or inoperative motor vehicle is suitable or feasibly may be made suitable for operation on the public highways. If the vehicle is so suitable, the vehicle shall be sold after public bid to the highest bidder or converted pursuant to Subsection D(2) below.
(2)
The Board of Trustees may convert to its own use those abandoned, junked or inoperative motor vehicles not affected by § 412-8C(3) above or may, by sale or gift, transfer title to any such vehicles to any other municipal corporation for use by its law enforcement agency; provided, however, that the total number of vehicles converted and/or transferred in any calendar year shall not exceed two such vehicles.
(3)
If the Board of Trustees determines that an abandoned,
junked or inoperative motor vehicle is not suitable for operation
on the public highways or if a vehicle does not have a vehicle identification
number plate, the Village shall sell the vehicle to a vehicle dismantler
or scrap processor registered or certified pursuant to § 415-a
of the New York State Vehicle and Traffic Law or to a vehicle dismantler
or scrap processor who does not have a place of business in this state
but who conforms to the laws and regulations of the state in which
he has a place of business.
(4)
Any proceeds from the sale of an abandoned, junked
or inoperative vehicle, less all costs and expenses incurred by the
Village in the entire proceeding, shall be held by the Village without
interest, for the benefit of the immediate past owner of such vehicle,
for a period of one year. If not claimed within such one-year period,
said proceeds shall be paid into the general fund of the Village.
