[HISTORY: Adopted by the Town Board of the Town of Ellicott 1-7-1998
by L.L. No. 1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Unsafe buildings — See Ch. 55.
Vehicles and traffic — See Ch. 141.
Zoning — See Ch. 146.
[1]
Editor's Note: This local law also repealed former Ch. 138, Vehicles,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:
Any motor vehicle, as that term is defined herein, except a farm
vehicle, which is:
Unlicensed or unregistered; or
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.
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.
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.
Waste, secondhand or used materials of whatever composition.
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.
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.
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.
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.
Includes all parcels of real property privately owned situated in
the town, outside the villages, whether occupied or vacant.
Cover which is specifically suited or adapted for a particular model
or size of 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.
A.Â
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.
B.Â
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:
(1)Â
Such motor vehicle is stored or deposited on a premises
legally used, operated and located for a junkyard.
(2)Â
Such motor vehicle is stored or deposited in a completely
enclosed building.
(3)Â
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).
(4)Â
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.
(5)Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
