[HISTORY: Adopted by the Town Board of the
Town of Grand Island 6-17-1985 by L.L. No. 1-1985 (Ch.
2 of the 1963 Code). Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded
or unlicensed vehicles upon private property within the Town of Grand
Island is hereby declared to be detrimental to the health, safety
and general welfare of the community, aesthetically unattractive and
detracting from the enjoyment of the environment by the said residents,
tending to depreciate neighborhood property values and is an infringement
on their properties and homes. The same also constitutes a potential
nuisance to the children of the community and may imperil their safety.
The fuel tanks of abandoned, junked or discarded vehicles containing
gasoline or gasoline fumes constitute an ever-present danger of explosion.
The abandoned, junked or discarded vehicles also contain broken glass
and sharp metal edges, and such vehicles usually are stored or abandoned
with batteries containing harmful acids. The control of the outdoor
storage of abandoned, junked or discarded vehicles is therefore regulated
for the preservation of the health, safety and general welfare of
the community.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a vehicle not to use it on the
public highway shall establish it as abandoned. The intent of the
owner shall be determined by the physical condition of the vehicle,
statements of the owner as to its abandonment, the length of time
since the vehicle has last been used on the highway, whether the vehicle
is currently licensed and other relevant facts. With respect to a
vehicle not required to be licensed or a vehicle not usually used
on the public highways, the intent of the owner shall be determined
by the physical condition of the motor vehicle, the length of time
since it was last used for the purposes intended, any statement as
to its abandonment by the owner and other relevant facts.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer's specifications
and appearance.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored or will be maintained
in or restored to a condition which is substantially in conformity
with the manufacturer's specifications and appearance.
Any Town employee or agent appointed by the Town Board as
a Code Enforcement Officer.[1]
Any business repairing motor vehicles or any part thereof.
Any vehicle which the owner thereof, as established by the
surrounding circumstances, does not intend to recover the possessions
of or any vehicle the owner of which cannot be found after due and
reasonable inquiry.
Any vehicle which for any reason is incapable, without repair,
of being moved or propelled by application of internal power, if it
is a vehicle originally designed to be propelled by internal power,
or is incapable, without repair, of being drawn or towed, if it is
a vehicle originally designed to be towed or drawn from behind an
internally powered vehicle, and, as adjudged by the standards of an
ordinary reasonable man, is unsightly in appearance because of the
existence of one or more conditions, such as, but not limited to,
the following: deterioration by rust of the body; deterioration of
the exterior finish of the vehicle; broken windows; absence of component
parts of the vehicle (such as fenders, panels, doors, bumpers, headlights,
hood, trunk door, tires, wheels, grille, roof, tailgate); physical
damage (such as dents, cracks, scraps, holes) to component parts of
the vehicle; absence of interior components (such as seats, dashboard,
interior door moldings), or is incapable of being moved or propelled,
drawn or towed without repair as provided for hereinabove and has
remained situate on any real property for a period in excess of 40
days.[2]
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
The legal owner, contract purchaser, tenant, lessee, occupant,
undersubtenant, receiver or assignee of premises or property located
within the Town of Grand Island.
Person having the property and/or title to a vehicle, including
a person entitled to the use and possession of a vehicle subject to
a security interest of another person and also including any lessee
or bailee of a vehicle having the use thereof under lease or otherwise.
An individual, firm, partnership, association, corporation,
company or organization.
Determination by whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
All areas within the Town of Grand Island, both publicly
and privately owned.
Any vehicle which may be licensed or registered for operation
on public highways and which has not been registered during the preceding
six months or is not currently registered and not in a condition for
legal use on the public highways. A vehicle which is in a condition
to receive a current New York State motor vehicle inspection sticker
shall be deemed to be in condition for legal use on the public highways.
Any means of transport or conveyance operated, driven, drawn
or capable and intended to be operated, drawn or driven upon a public
highway by a power other than muscular power. A "vehicle" shall include
but not be limited to automobiles, motorcycles, motorbikes, buses,
trailers, trucks, tractors, mobile homes, snowmobiles, all-terrain
vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
Any business operating a vehicle for towing or hauling other
motor vehicles.
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise,
to openly store or deposit or cause to permit to be openly stored
or deposited an abandoned, junked, discarded or unlicensed vehicle
or vehicles or parts or pieces thereof on any private property within
the Town of Grand Island unless such vehicle or part or piece thereof
is stored or deposited in a completely enclosed building; or such
vehicle or part or piece thereof is under repair, reconstruction or
refurbishing by the owner thereof who must actually be residing upon
the premises where such repair, reconstruction or refurbishing is
being done. Such vehicle or part or piece thereof must be maintained
and protected so as not to create a safety hazard or nuisance to surrounding
property owners and shall not remain on the premises for more than
30 days.
The Town of Grand Island Code Enforcement Officer
and other representatives of the Town shall have the right to enter
and inspect, at any reasonable hour, any premises on which vehicles
are openly stored and to inspect such vehicles. This right of entry
shall not be limited in any way by the existence or lack of existence
of a request, authorization, license or other consent or approval
of entry, inspection or removal and disposal.
After a Code Enforcement Officer has determined
that an abandoned, junked, discarded or unlicensed vehicle is openly
stored or deposited or is permitted to be openly stored or deposited
on a parcel of property in violation of this chapter, he shall give
written notice by personal service or by registered or certified mail
on the owner of the abandoned, junked, discarded or unregistered vehicle
or on the owner or tenant of any property on which the vehicle is
openly stored. Such notice shall direct the person so served, regardless
of the ownership of the vehicle if the property owner or tenant is
served, to terminate the open storage of such vehicle within the Town,
within 10 days of receipt of said notice.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 370-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Grand Island Justice Court, at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections
are believed to be violated, the Code Enforcement Officer may serve
a written notice, either personally or by registered or certified
mail, upon the owner, occupant or person having charge of such private
property to comply with the requirements of this chapter. The Code
Enforcement Officer may determine ownership of any parcel of land
in the Town of Grand Island from the current assessment roll of the
Town and may serve written notice upon the owner thereof by mailing
such notice to the owner at the address listed on the current assessment
roll. If the Code Enforcement Officer is unable to determine the ownership
or address of the owner of said private property, such notification
may be made by publishing same in the official newspaper of the Town
for two consecutive weeks. The notice shall be in substantially the
following form:
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To the owner, occupant or person having charge
of land within the Town of Grand Island briefly described as follows:
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(Here describe subject property.)
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Notice is hereby given that an abandoned, junked,
discarded or unlicensed vehicle is stored or deposited on the above-described
property in the Town of Grand Island. This vehicle must be removed
therefrom within 10 days from the date of this notice; provided, however,
that if this notice is served on you by publication, the said vehicle
shall be removed within 24 days from the first publication date of
this notice.
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If such vehicle is not removed on or before
the expiration of said 10 days from the date hereof, or on or before
the expiration of said 24 days from the date of this notice in the
event it is served on you by publication, you are hereby summoned
to appear before the Town Board of the Town of Grand Island, New York,
at _______ o'clock ___ M., on the ____ day of ________________, 20___,
at which time a hearing will be held to determine why the Town of
Grand Island, New York, acting through its duly authorized agents,
servants, officers and employees, should not enter upon the said property
and remove and cause the said vehicle to be destroyed. In the event
the Town Board directs that said vehicle be removed and destroyed,
the expense incurred by the Town of Grand Island shall be assessed
against said property and shall constitute a lien thereon and be collected
in the manner provided by law.
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Dated: ______________________
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Code Enforcement Officer, Town of Grand Island
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In the event that an abandoned, junked, discarded
or unlicensed vehicle is not removed as prescribed above, the Town
Board of the Town of Grand Island shall hold a public hearing on the
date and at the time specified in the notice, at which hearing the
persons interested may be heard concerning the removal of said vehicle.
After said persons are heard, the hearing shall be closed and the
Town Board shall determine whether said motor vehicle has been abandoned,
junked or discarded in violation of this chapter. It shall also determine
whether or not the said vehicle is unlicensed. In the event of such
a determination, the Town Board may issue an order directing the removal
and destruction of said vehicle, and the Town Board may also cause
the expense thereof to be assessed against the property described
in the notice, all in the manner provided by law.
An antique or classic motor vehicle that is
in the process of being restored may be kept out of doors upon the
premises of the owner of said vehicle for a period of 12 months to
allow the restoration to be completed, provided that the vehicle is
stored behind the required front yard on an adequately maintained
surface in the side or rear yard and is at least five feet from the
property line, except in a river (rear) yard, and provided further
that such vehicle or any component part thereof is covered with a
tarpaulin or custom cover made for vehicles or is otherwise hidden
from public view with proper screening.
A.Â
Any wrecker or commercial garage may openly store
abandoned, junked, discarded or unlicensed vehicles on any one site
within the Town of Grand Island, provided that such vehicles may not
be openly stored for more than 30 days, and provided further that
the business operations of the wrecker or commercial garage are permitted
by all applicable zoning laws or regulations, including rights under
any nonconforming uses and including any limitations, restrictions
or conditions established according to law by the Town Board, Board
of Appeals, the Planning Board or any court of competent jurisdiction.
B.Â
Where a repair settlement is pending, in good faith,
the foregoing time periods shall not start to run until a repair settlement
has been made but in no event to exceed 60 days from the date said
vehicle is first stored upon the premises.
C.Â
In the event any abandoned, junked, discarded or unlicensed vehicle is openly stored at any wrecker or commercial garage location, and said wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, county or local government agency or body, the thirty-day period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
A new or used car sales business may openly
store unlicensed vehicles upon its business premises in accordance
with an approved site plan.
Any vehicle being actively used in farming operations
shall be exempted from the provisions of this chapter, provided that:
A.Â
The vehicles are being used on private property and
are being held for continuing operation on private property and are
not being held primarily for nonoperating purposes.
B.Â
The vehicles, if not in a condition for legal operation
on public highways, are in a condition so that they can be operated
and so that such operation on private property will not be unduly
dangerous to the operator, passengers or others.
A violation of this chapter shall be punishable
by a fine of up to $250 per violation or by imprisonment for up to
15 days, or by both. A violation of this chapter shall also subject
the violator to a civil penalty of the greater of $250 per separate
violation or the Town's costs of inspection, service of notice, removal,
towing and permanently disposing of such vehicles, less any criminal
monetary fine which may have been imposed. Each abandoned, junked,
discarded or unregistered vehicle stored in violation of this chapter
shall constitute a separate violation. Each week that such separate
violation shall continue or be carried on shall constitute an additional
separate violation.[2]
