[HISTORY: Adopted by the City Council of
the City of Canandaigua 6-26-1975; amended 10-28-1993 by Ord. No. 93-22 (Ch. 8.60 of the 1997
Municipal Code). Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the
"Junked Motor Vehicles Law of the City of Canandaigua."
The outdoor storage of junked motor vehicles
on privately owned property within the City of Canandaigua is detrimental
to the health, safety and general welfare of the community. The same
also constitutes an attractive nuisance to children and in many ways
imperils their safety. Such storage also endangers the person and
property of members of the community as such items as fuel tanks containing
gasoline or gasoline fumes may easily explode. Such storage is unsightly
and depreciates property values. The control of the outdoor storage
of junked motor vehicles on privately owned property within the City
of Canandaigua is, therefore, to be regulated for the preservation
of the health, safety and general welfare of the community.
As used in this chapter unless the context or
subject matter otherwise requires:
Evidence.
Every vehicle originally designated 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 purpose
of the chapter, the term "motor vehicle" shall include, but is not
limited to, automobiles, trucks, buses, motorcycles, snowmobiles and
trailers.
A person, firm or corporation having the property in or title
to a motor vehicle, a person entitled to the use and possession of
a vehicle, subject to a security interest in another person and also
including any lessee or bailee of a motor vehicle having the use thereof
under lease or otherwise.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the City of Canandaigua.
And include all parcels of real property not owned by any
unit of government situate in the City of Canandaigua, whether occupied
or vacant, regardless of size, topography or location.
It shall be unlawful for any person owning or
having custody of any junked motor vehicle to store or permit any
such vehicle to remain on any private premises within the City for
a period of more than 30 days after the receipt of a notice requiring
such removal, and such storage is declared to be a public nuisance
and may be abated or removed and penalties imposed as provided in
this chapter, unless:
A.
Such motor vehicle is stored or deposited on premises
legally used and operated as a junkyard; or
B.
Such motor vehicle is stored or deposited in a completely
enclosed building; or
C.
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 may be so permitted
at any one time on any premises. Such motor vehicles must be so maintained
and protected as not to create any safety hazard or nuisance to surrounding
property owners and shall not remain on the premises more than three
months; or
D.
Such motor vehicle is temporarily stored on the premises
of a duly authorized motor vehicle service station or body repair
shop within a commercial or industrial district of the City while
awaiting repair or servicing at such place of business. Not more than
five such vehicles shall be permitted on any such premises at any
one time.
[Amended 8-1-2019 by Ord.
No. 2019-003]
Whenever the Code Enforcement Officer finds
or is notified that any junked motor vehicle has been stored or permitted
to remain on any private property within the City, the Code Enforcement
Officer shall send by regular mail a notice to the owner of record
of such motor vehicle, if the name of such owner can be ascertained
by the exercise of reasonable diligence, and also the owner of the
private premises, as shown on the tax assessment records of the City,
on which the same is located to remove the junked motor vehicle or
motor vehicles within 30 days. Such notice shall also contain the
following additional information:
A.
Nature of complaint;
B.
Description and location of the motor vehicle;
C.
Statement that the motor vehicle must be removed from
the premises no later than 30 days from the date of notification;
D.
Statement that removal from the location specified
in the notification to another location upon which storage is not
permitted is prohibited and shall subject the person to additional
penalties;
E.
Statement that if removal is made within the time
limits specified, notification shall be given in writing to the Code
Enforcement Officer;
F.
Statement of the penalties provided for noncompliance
with such notice.
A violation of this chapter or any provision
or part thereof by any person, firm or corporation is hereby declared
to be an offense, punishable by a fine not exceeding $250 or by imprisonment
not to exceed 15 days, or both. Any person, firm or corporation who
shall resist or obstruct the duly authorized agents, servants, officers
and employees of the City of Canandaigua in the removal and destruction
of a junked vehicle by order of the Code Enforcement Officer shall
be subject to the fines and penalties provided herein. For the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter or any provisions or parts thereof, shall
be deemed misdemeanors, and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations.
