[HISTORY: Adopted by the Board of Trustees
of the Village of Athens 8-3-1976 by L.L. No. 12-1976 (Ch. 84 of the 1976 Code). Amendments
noted where applicable.]
The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within
the Village of Athens is dangerous, unsightly and a detriment to the
preservation of public health, the protection of property and the
safety and welfare of the residents of the Village of Athens. The
outdoor storage of abandoned, junked, discarded and unlicensed motor
vehicles upon privately owned properties within the Village of Athens
constitutes an attractive nuisance to children and a peril to their
safety. Such storage constitutes a threat to the safety and welfare
of the residents of the Village of Athens since the fuel tanks frequently
contain gasoline or gasoline fumes and may be subject to explosion
in case of fire. Such storage depreciates the value of neighboring
properties and is unsightly and discourages the orderly, progressive
development of the Village of Athens. The control of the outdoor storage
of abandoned, junked, discarded and unlicensed motor vehicles upon
privately owned properties within the Village of Athens is therefore
regulated for the preservation of the public health, safety and welfare
of the residents of the Village of Athens.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a motor vehicle not to use the
motor vehicle on the public highways. The intent of the owner of the
motor vehicle may be determined by the physical condition of the motor
vehicle, the statements of the owner of the motor vehicle, the length
of time since the motor vehicle was last used on the public highway
and whether the motor vehicle is licensed or unlicensed. With respect
to motor vehicles not required to be licensed or motor vehicles not
customarily used on the public highway, the intent of the owner may
be determined by the physical condition of the motor vehicle, the
length of time since it was last used for the purposes intended and
the statements of the owner.
Any motor vehicle which the owner thereof does not intend
to recover possession thereof, or any motor vehicle to which ownership
cannot be reasonably determined with due inquiry.
Any motor vehicle in such condition as to cost more to repair
in order to place such motor vehicle in operating condition than the
value of the motor vehicle at any given time.
Every vehicle operated or driven or capable of being driven
or operated upon a public highway by any power other than muscular
power, which includes electric power obtained from overhead trolley
wires and includes vehicles operated upon rails, and such vehicles
as are run only upon rails or tracks. For the purposes of this chapter,
"motor vehicles" shall include tractors used exclusively for agricultural
purposes, self-propelled combines, self-propelled corn- and hay-harvesting
machines and self-propelled caterpillar or crawler-type equipment,
and shall also include motorcycles, omnibuses and house trailers.
A person having property in or title to a motor vehicle.
The term includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person, and also
includes any lessee or bailee of a motor vehicle having the use thereof
under lease or otherwise.
Includes the legal owner, contract purchaser, a tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Village of Athens.
Includes all parcels of real property situate in the Village
of Athens, whether occupied or vacant, irrespective of size or topography.
Any motor vehicle which has not been licensed with the proper
authorities for a period of at least 30 days from the expiration of
the last valid licensing, with the exception of those motor vehicles
in the possession of authorized used car dealers or garagemen for
the purpose of sale or repair.
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise
of any private property within the Village of Athens, to store or
deposit or cause or permit to be stored or deposited an abandoned,
junked, discarded or unlicensed motor vehicle or vehicles upon any
private land within the corporate limits of the Village of Athens.
If the provisions of the foregoing section are
violated, the Village Code Enforcement Officer shall serve written
notice, either personally or by mail, upon the owner, occupant or
person having charge of any such private property to comply with the
provisions of this chapter. The Village Code Enforcement Officer may
determine ownership of any parcel of land within the Village of Athens
from the then-current tax rolls of the Village of Athens and may serve
written notice upon such owner by mailing such notice by regular mail
to the owner at the address listed in the then-current tax rolls.
In the event the Village Code Enforcement Officer cannot determine
the owner or address of the owner of a parcel of land within the Village
of Athens, the Village Code Enforcement Officer may serve written
notice by publishing said written notice in the official newspaper
of the Village of Athens for two consecutive weeks. The notice shall
be in substantially the following form:
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To the owner, occupant or person having charge
of land within the Village of Athens known as: ..................
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Notice is hereby given that an abandoned, junked,
discarded or unlicensed motor vehicle has been stored or deposited
on the above-described property in the Village of Athens. This automobile
must be removed within 10 days from the date of this notice.
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In the event this notice is served upon you
by publication, the automobile must be removed within 24 days from
the first date of publication of this notice. In case you fail or
refuse to comply with this notice on or before the expiration of the
said 10 days from the date of this notice, or before the expiration
of the said 24 days from the date of this notice in the event it is
served upon you by publication, you are hereby summoned to appear
before the Town Justice of the Town of Athens on ..................
to show cause why the Village of Athens, acting through its duly authorized
agents, servants, officers and employees, should not enter upon your
land and remove the said motor vehicle and cause it to be destroyed.
In the event the Town Justice of the Town of Athens orders the aforementioned
motor vehicle to be removed and destroyed, the expense incurred by
the Village of Athens will be assessed against the above-described
property and shall constitute a lien thereon and be collected as provided
by law.
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Dated: ..............................
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......................................................
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Village Code Enforcement Officer
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[Added 10-13-1993 by L.L. No. 11-1993]
The following conditions are hereby excluded from the definitions
of this chapter. This shall include:
A.
Unlicensed
vehicles in operating condition stored by or for the owner while the
owner is:
B.
Seasonal
vehicles or machinery during their off season if kept in a location
not visible from any road, street, highway or sidewalk when practicable;
otherwise, the same must be stored in a neat and orderly fashion off
public streets.
C.
Licensed
vehicles or machinery used on the premises for the purpose of conducting
a business or industry, and the same must be stored in a neat and
orderly fashion off public streets.
D.
Operable
vehicles stored by a licensed auto dealership in a commercial or industrial
district and stored in a neat and orderly fashion.
G.
An existing
New York State licensed motor vehicle and/or automobile repair shop.
