[HISTORY: Adopted by the Town Board of the
Town of Rockland 8-16-1990 by L.L. No. 1-1990; amended in its entirety 11-18-1999 by L.L. No.
2-1999 (Ch. 68 of the 1984 Code). Subsequent amendments
noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unregistered vehicles and/or vehicles without valid license plates and/or parts thereof within the Town of Rockland upon privately owned property within the Town of Rockland is hereby regulated for the preservation of the health, safety and general welfare of the community. Such storage of abandoned vehicles, as defined § 167-2, constitutes an attractive nuisance to children and imperils their safety. The storage of abandoned motor vehicles also endangers persons and property, is unsightly, depreciates property values and constitutes a public nuisance.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle not in use on the public highways shall be
considered "abandoned" if it is determined by the physical condition
of the motor vehicle, if the cost of repair equals or is in excess
of the value of the vehicle, by the length of time since the motor
vehicle has last been used on a public highway, and/or if the motor,
vehicle does not bear current license plates and/or is unregistered
and/or is not operable and by other relevant facts. With respect to
a vehicle not required to be licensed or motor vehicles not usually
used on the public highways, abandonment shall be determined by the
physical condition of the motor vehicle, the length of time since
it was last used for the purpose intended, any statements as to its
abandonment by the owner and other relevant facts.
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 owners of which cannot be found after
due and reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair
and place in operating condition than its reasonable market value
at the time before such repairs.
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
For the purposes of this chapter, "motor vehicles" shall include tractors
used exclusively for agricultural purposes and self-propelled caterpillar
or crawler-type equipment. For the purposes of this chapter, the term
"motor vehicle" shall also include motorcycles, buses, house trailers,
trucks and tractor-trailers and mobile homes and camping trailers.
The 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 or bailee of a motor vehicle having the use thereof under
lease or otherwise. However, any vehicle that is subject to a valid,
perfected lien will not be removed until the lien holder has had five
days' notice of the Town's intent to remove the vehicle.
Includes the legal owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Town of Rockland.
Includes all parcels of real property situated in the Town
of Rockland, whether occupied or vacant, irrespective of size or topography.
Any motor vehicle which has not been registered with the
proper authorities for a period of at least 30 days from the expiration
of the last registration period.
A.
Each property owner will be permitted one unregistered
car for seasonal use, provided that it carries a valid New York State
inspection sticker, except as provided below.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any
private property within Zoning Districts R2, R3 and Neighborhood Business
I, II and III, to store or deposit outside or cause or permit to be
stored or deposited outside an abandoned, junked, discarded or unregistered
motor vehicle or motor vehicles and/or parts thereof upon any private
land within the limits of the aforementioned zoning districts.
C.
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 Town of Rockland, to store, deposit outside
or cause or permit to be stored or deposited more than one abandoned,
junked or discarded or unregistered motor vehicle or motor vehicles
and/or parts thereof upon any private land within Zoning Districts
R1, C, CF-P, RC, GB, HB and I within the limits of the Town of Rockland.
If the provisions of the foregoing section are
violated, the Town of Rockland Code Enforcement Officer or any peace
officer of the Town of Rockland shall serve a written notice, either
personally or by mail, upon the owner, occupant or person having charge
of any such private property, to comply with the requirements of this
chapter. The Town of Rockland may determine ownership of any parcel
of land in the Town of Rockland from the current assessment rolls
of the Town and may serve written notice upon the owners thereof by
mailing, by regular mail, such notice to the owner at the address
listed on the current assessment rolls. If the Town of Rockland is
unable to determine the ownership or address of the owner of said
private property, such notice may be made by publication in the official
newspaper of the Town of Rockland, once a week for two consecutive
weeks, of a notice in substantially the following form:
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"To the owner, occupant or person having charge
of land within the Town of Rockland briefly described as follows:
_________ Notice is hereby given that an abandoned, junked, discarded
or unregistered motor vehicle or parts thereof have been stored or
deposited on the above-described property in the Town of Rockland.
This vehicle must be removed therefrom within 10 days from the date
of this notice.
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In the event that this notice is served upon
you by publication, the said motor vehicle must be removed within
24 days from the first publication date of this notice.
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If you fail or refuse to comply with this notice
on or before the expiration of said 10 days from the date thereof,
or before the expiration of 24 days from the date of first publication
of this notice, if it is served upon you by publication, the Town
of Rockland, its authorized agents, employees or Town Constable shall
issue an appearance ticket requiring you to appear before the Town
of Rockland Justice Court at _________ o'clock, __ m., on the __________
day of ___________, ________. If you fail to appear, plead guilty
or are convicted after trial, the court may impose a fine up to $100
and shall order the Town of Rockland to cause said motor vehicle to
be removed and destroyed. In the event that the Town of Rockland Justice
Court directs that said motor vehicle be removed and destroyed, the
expense incurred by the Town of Rockland shall be assessed against
said land and shall constitute a lien thereon and be collected as
provided by law.
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Dated: _____________________"
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A.
A courtesy notification of violation will be mailed
by registered letter to the violator by the Code Enforcement Officer.
The failure to send such notice shall not affect the validity of any
other action taken pursuant to this chapter.
B.
Any owner, occupant, lessee, agent or tenant who shall
neglect and refuse to remove an abandoned, junked, discarded and unlicensed
motor vehicle or parts as required by this chapter, or who shall fail
or refuse to comply with the order of the Town Justice Court to remove
a motor vehicle after notice and hearing as herein provided, or who
shall violate any of the provisions of this chapter or who shall resist
or obstruct the duly authorized agents, servants, officers and employees
of the Town of Rockland in the removal and destruction of a motor
vehicle as described herein shall, upon conviction thereof, be fined
a sum not to exceed $100 for each such violation. Continued violation
of the same infraction may be subject to imprisonment for not more
than 15 days. Each separate occurrence shall constitute a separate
additional violation.
C.
Nothing herein contained shall prevent the Town of
Rockland from directing the removal of a motor vehicle in accordance
with the terms and provisions of this chapter in addition to imposing
the penalties hereinabove provided.
This chapter shall not apply to New York State
Department of Motor Vehicle registered repair shops and dealerships.
