[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye
Falls 10-25-1971. Amendments noted where applicable.]
The outdoor storage of junked or abandoned vehicles on privately owned
property within the Village of Honeoye Falls is detrimental to the health,
safety and general welfare of the community. It constitutes an attractive
nuisance to children and imperils their safety in many ways. Such storage
endangers the person and property of all members of the community. The fuel
tanks of junked vehicles contain gasoline or gasoline fumes and constitute
an ever-present danger of explosion. Junked or abandoned vehicles are often
replete with broken glass and sharp metal edges and generally are stored or
abandoned with batteries containing harmful acids. The control of the outdoor
storage of junked or abandoned vehicles on privately owned property within
the Village of Honeoye Falls 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 Code Enforcement Officer of the village, unless the Village Board
of Trustees, by the resolution, designates some other village officer as enforcement
officer or by resolution establishes the position of enforcement officer for
the village and appoints some qualified person thereto.
Any vehicle, including a trailer, which is without a currently valid
license plate or plates or is in either a wrecked, discharged, dismantled,
inoperative or abandoned condition.
A person, firm or corporation being the owner, purchaser, tenant,
lessee, occupant, subtenant, undertenant, receiver or assignee of private
premises or property located within the Village of Honeoye Falls.
Any person, firm or corporation 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 including
any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
All parcels of privately owned real property located within the Village
of Honeoye Falls, whether occupied or vacant, irrespective of size or topography.
[Amended 3-26-1979 by L.L. No. 2-1979]
It shall be unlawful for any person, firm or corporation more than ten (10) days after notice is given pursuant to § 176-4 of this chapter, either as owner, occupant, lessee, agent, tenant or otherwise of private property within the Village of Honeoye Falls, to store or deposit or suffer or permit to be stored or deposited a junked or abandoned vehicle or part or piece thereof on any private property within the Village of Honeoye Falls unless:
A.
Such vehicle is stored or deposited in a completely enclosed
building.
B.
Such motor vehicle is under repair, reconstruction or
refurbishing by the owners thereof who must actually be residing upon the
premises, and said owners have obtained a permit allowing such storage from
the Code Enforcement Officer who is hereby empowered to grant such permits.
Such vehicle must be so maintained and protected as to not create any safety
hazard or nuisance to surrounding property owners and shall not remain on
the premises for more than six (6) months. The Board of Trustees may and is
hereby authorized to establish a fee for such permit by resolution.[1]
[Amended 10-19-1981 by L.L. No. 7-1981]
A.
The Enforcement Officer, upon the technical violation
of this chapter, shall serve written notice, either personally or service
by mail, upon the owner, occupant or person having charge of such private
property, ordering the removal therefrom of the junked or abandoned vehicle
or vehicles within ten (10) days from the date of service of such notice.
The Enforcement Officer may determine ownership of any parcel of land in the
Village of Honeoye Falls from the current assessment roll of the village and
may serve written notice upon the owner thereof by mailing such notice to
said owner at the address listed on the current assessment roll.
B.
The notice ordering the removal of the junked or abandoned
vehicle shall further provide that, upon failure to remove said junked or
abandoned vehicle, a public hearing will be held as soon as practicable thereafter
by the Village Board of Honeoye Falls to give the property owner and/or abandoned
vehicle owner an opportunity to be heard as to why the vehicle has not been
removed pursuant to said notice and also to receive proposals for the removal
of such vehicle or vehicles. Any expense to the village in accomplishing such
removal may be assessed by the Village Board on the real property from which
such vehicle was removed.
C.
If the violation described in the notice has not been
remedied within the ten-day period of compliance and the existence of the
violation is affirmed by the Board of Trustees of the Village of Honeoye Falls,
the Village of Honeoye Falls, or its designee, will have the right to take
possession of the junked or abandoned motor vehicle and remove it from the
premises. It shall be unlawful for any person to interfere with, hinder or
refuse to allow such person or persons to enter upon private property for
the purpose of removing the vehicle under the provisions of this chapter.
D.
Upon removing a vehicle under the provisions of this
chapter, the village shall cause the vehicle to be disposed of by public sale,
and notice of said sale shall be given not less than ten (10) days before
the date of the proposed sale.
E.
The vehicle shall be sold at public sale to the highest
and best bidder. At the time of payment of the purchase price, the Mayor of
the Village of Honeoye Falls shall execute a certificate of sale in duplicate,
the original of which is to be given to the purchaser, and a copy thereof
to be filed with the Clerk of the Village of Honeoye Falls. Should the sale
for any reason be invalid, the village's liability shall be limited to
the purchase price.
F.
The owner of any vehicle seized under the provisions
of this chapter may redeem said vehicle at any time after its removal prior
to the sale or destruction thereof upon proof of ownership and payment to
the Clerk of the Village of Honeoye Falls of such sum as may be determined
and fixed to the actual and reasonable expenses of removal and any preliminary
sale, advertising expenses not to exceed two hundred fifty dollars ($250.)
plus the cost for towing and storage of each vehicle redeemed. Upon the failure
of the owner or occupant of property on which abandoned vehicles have been
removed by the village to pay the unrecovered expenses incurred by the village
in such removal, a lien shall be placed upon the property for the amount of
such expenses.[1]
A violation of this chapter or any part thereof by any person, firm
or corporation is hereby declared to be an offense punishable by a fine not
to exceed two hundred fifty dollars ($250.) or imprisonment for not more than
fifteen (15) days, or both such fine and imprisonment. Each day's continued
violation shall constitute a separate and additional offense.
