[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.]
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:
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.
Any motor vehicle that:
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.
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.
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.
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.
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.
The use of the term in the singular herein is
intended, where applicable, to include the plural.
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.
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.
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.
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:
A.Â
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]
B.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 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.
C.Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
[Amended 7-18-1979]
A.Â
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.
[Amended 6-14-2023 by L.L. No. 2-2023]
B.Â
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.
C.Â
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.
D.Â
Each day's continued violation shall constitute a
separate and additional offense.
E.Â
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.
Notwithstanding any other provision of this chapter, the Town of Chili may serve such notices and do such other and further things as are set forth in § 460-4 hereof and may at the same time or at any other time, without prior notice, proceed under § 460-5 concerning the imposition of penalties.
