[HISTORY: Adopted by the Town Board of the Town of Chili 12-2-1971 by L.L. No. 2-1971 (Ch. 107 of the 1980 Code). Amendments noted where applicable.]
Property maintenance — See Ch. 386.
Vehicles and traffic — See Ch. 465.
The storage of junked motor vehicles and the abandonment of motor vehicles on privately owned property within the Town of Chili is a threat to the health, safety and general welfare of the community as a whole; it constitutes both a private as well as a public nuisance. Junked and abandoned vehicles are a safety hazard to members of the community and especially younger children. These vehicles oftentimes are replete with broken glass, gasoline fumes and gasoline still existing in tanks and harmful acids which can cause injury. Such vehicles also are unsightly and depreciate the property on which they are located as well as the property in the community in general. They further destroy the aesthetic quality of the Town as a whole and constitute the Town a less safe and pleasant place in which to live and do business. The control of the storage of junked motor vehicles outdoors on privately owned property as well as abandoned vehicles on privately owned property is, therefore, a necessity for the preservation for the health, safety and welfare of the community. The intent of this chapter is to establish legal procedures for the removal of junked automobiles and abandoned automobiles and other vehicles found in the Town in violation of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Code Enforcement Officer 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.
- A. Any motor vehicle that:
- (1) Is unlicensed, old, wrecked, stored, discarded, abandoned or dismantled or partly dismantled, which is not intended or in any condition for legal use upon the public highway.
- (2) Is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein or for the purpose of disposing of same.
- (3) Is in such condition as to cost more to repair and place in operating condition than its reasonable market value at the time before such repair.
- B. With respect to any motor vehicle not required to be licensed or any motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in a condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
- C. The fact that a motor vehicle may be licensed or registered with the State of New York and does not display a current license plate shall be presumptive evidence that such motor vehicle is unlicensed.
- D. The use of the term in the singular herein is intended, where applicable, to include the plural.
- MOTOR VEHICLES
- Any vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven on a public highway by any power other than muscular power.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use of 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.
- OWNER OF PRIVATE PROPERTY
- Any person, firm, partnership or corporation, whether business, membership or religious, charitable or otherwise, any purchaser, tenant, lessee, occupant, undertenant or receiver or assignee of private premises or private property or any other unit or entity owning real property in the Town of Chili.
- PREMISES or PROPERTY
- Includes all parcels of privately owned real property located within the boundaries of the Town of Chili, whether occupied or vacant, irrespective of size or topography.
It shall be unlawful for any person within the Town of Chili to store or deposit, or cause or suffer or permit to be stored or deposited, a junked motor vehicle or part or piece thereof on any private property within the Town of Chili unless:
Such motor vehicle is stored or deposited in a completely enclosed building or under an opaque car cover (tarps are not permitted).
[Amended 12-3-2008 by L.L. No. 4-2008]
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 so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners, and shall not remain on the premises for more than six months.
Such motor vehicle is temporarily stored on the premises of a duly authorized motor vehicle service station or a body repair shop within the Town or is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the laws and ordinances of the Town of Chili and New York State.
[Amended 12-3-2008 by L.L. No. 4-2008]
Any junked car, as defined hereinabove, may be removed from the premises on which it is located by the Town of Chili in the manner hereinafter provided:
The enforcement officer, upon detecting a junked car, shall serve written notice on the person owning the premises on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of said service. The enforcement officer may determine ownership of any parcel of land in the Town of Chili from the current assessment roll of the Town 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.
In the event that said junked motor vehicle or vehicles are not removed from the premises within the time required in the notice, the Town of Chili shall have the right to enter upon the premises and to remove and dispose of the junked motor vehicle or vehicles.
The expense of such removal and disposal shall be a lawful charge against the owner and occupant of the premises and may be collected, if necessary, in a civil action instituted in the name of the Town or in accordance with the provisions of this chapter.
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 of not to exceed $250 or by imprisonment of 15 days.
A violation of this chapter shall also subject the violator to a civil penalty of the greater of $50 per separate violation or the Town's costs of inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any penal monetary fine which may have been imposed.
Any person who shall resist or shall obstruct the duly authorized agents, servants, officers and employees of the Town of Chili or other duly authorized law enforcement officers, in the removal and disposal of a motor vehicle, as provided in this chapter, shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
Each day's continued violation shall constitute a separate and additional offense.
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 offenses, and, for such purpose only, all provisions of law relating to offenses shall apply to such violations.