[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton 5-12-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
It is hereby declared that a clean, wholesome,
attractive environment is of importance to the health and safety of Village
inhabitants and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
Village and the general welfare of its citizens. The open storage
of junk motor vehicles not in operating condition is a hazard to such
health, safety and welfare of citizens of the Village, necessitating
the regulation, restraint and elimination thereof. This chapter is
enacted in recognition of the fact that even a single junk vehicle
abandoned or stored on private or public property:
A.
Can constitute both a public or private nuisance.
B.
Is a source of potential harm to children and others
who find them an attractive nuisance.
C.
Constitutes a blight on the Village of Hamilton landscape.
D.
Destroys the aesthetic qualities of the Village of
Hamilton and is generally unsightly.
E.
Tends to depreciate not only the property on which
it is located but also the property of other persons in the neighborhood
and the Village of Hamilton generally.
F.
Makes the Village a less safe and less pleasant place
in which to live and to do business.
G.
Damages the welfare of the Village of Hamilton as
a whole.
H.
Tends to result in uncontrolled grass and the collection
of debris.
I.
Tends to be a breeding ground for insects, rodents
and similar harmful creatures.
A.
COMMERCIAL GARAGE
JUNK VEHICLE
(1)
(2)
(3)
(4)
OPEN STORAGE
PERSON
PERSONAL SERVICE
POSTING
REPAIR SETTLEMENT
SITE
VILLAGE
WRECKER
WRECKER - COMMERCIAL GARAGE
As used in this chapter, the following terms shall
have the meanings indicated:
Any business repairing motor vehicles or any part thereof.
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, mobile home, motorcycle, motor bicycle, mini-bicycle or snowmobile
or any other contraption originally intended for travel on the public
highways which is abandoned, stored, left or located by its owner
or any other person or is permitted or condoned to be abandoned, stored,
left or located by its owner or any other person on public or private
premises in the Village of Hamilton or outside any establishment duly
licensed by the Village of Hamilton for the storage of junk vehicles
which:
Is not registered by the State of New York for
operation on public highways and which has not been registered during
the preceding three months; or
Is not currently registered and not in a condition
for legal use on the public highways; a vehicle which is in condition
to pass the requirements for the New York state motor vehicle inspection
sticker shall be deemed to be in condition for legal use on the public
highways (the lack of a current registration or a current inspection
permit shall not be considered in determining whether a vehicle is
in such condition); or
Is no longer intended to be used on the public
highways, the condition of the vehicle and circumstances surrounding
its storage or abandonment being admissible for purposes of determining
such intent; or
Is being held or used for the purpose of resale
of used parts therefrom or for the purpose of reclaiming some or all
of the materials therein, or for the purpose of disposing of the same.
Storage other than in a completely enclosed structure, such
as a garage, which structure is constructed in accordance with all
applicable state and local building code requirements.
Includes natural persons, corporations, partnerships, unincorporated
association or any other organization of two or more persons.
Personal delivery of the notice or document by any person
over the age of 18, including any agent or employee of the Village
of Hamilton; and shall include any alternative form of service provided
for in the Civil Practice Law and Rules.
Official postmark of the United States Post Office.
Determination by whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
A contiguous parcel of land owned by or leased to that person(s)
storing or permitting the storage of junk vehicles thereon. Two parcels
of land may comprise one site if they are contiguous and are owned
by or leased to the same person storing or permitting the storage
of junk vehicles thereon.
Includes all areas within the Village of Hamilton, including
both public and private areas.
Any business operating a vehicle for towing or hauling other
motor vehicles.
Any business operating as a wrecker and as a commercial garage
or any two businesses operating such two businesses from the same
parcel of property or any two such businesses having 50% common ownership.
B.
The term shall is always mandatory. The use of any
term in the singular herein is intended, when applicable, to include
the plural and vice-versa.
A.
Open storage of one or more junk vehicles shall not
be permitted on private or public property within the Village of Hamilton
except as permitted by this chapter.
B.
Notwithstanding any other provisions of this chapter to the contrary, no person shall deposit, place or leave any junk vehicle within the Village of Hamilton without obtaining the prior consent of the owner or lessee of the premises upon which any such vehicle is placed. A violation of this provision shall not be subject to the provisions of §§ 158-4, 158-5 or 158-10 of this chapter.
A.
The Village shall give written notice by registered
or certified mail or personal service on the owner of the junk vehicle
or on the owner or the tenant of any property on which a junk vehicle
is openly stored. If the owner of such premises is absent from the Village
or is a nonresident of the Village, the Village Clerk shall mail or
cause to be mailed by certified or registered mail a copy of the notice
addressed to the owner at his last known address as the same may appear
upon the last Village assessment roll. Such notice shall direct the
person so served (regardless of the ownership of the junk vehicle
if the property owner or tenant is served) to terminate the open storage
of such vehicle within the Village of Hamilton within 10 days of personal
service or within 13 days from posting, where service is by registered
or certified mail.
B.
If the person(s) served contend(s) that said vehicle
is not a junk vehicle:
(1)
They shall notify the Village Code Enforcement Officer,
in writing, of such contention within the time period specified above
for termination of open storage. Such notice shall be in writing and
personally served upon a Village official or mailed via registered
or certified mail to the Village Office and postmarked prior to expiration
of the time specified for termination of open storage; and
(2)
Such notice of contention shall provide written permission
for the Village to inspect such vehicle within five days after receipt
of such notice.
C.
The Village's notice of termination shall contain
an explanation of this procedure and shall state that a copy of this
chapter is available for inspection at the Village Office.
D.
Upon timely receipt of such notice of contention,
a representative of the Village shall conduct an inspection of the
vehicle(s). Within five days after such inspection, the Village shall
inform the person served of its findings, in writing, by registered
or certified mail or personal service.
E.
If the findings are that one or more of the junk vehicles
specified in the original notice are being openly stored by the person
served with the original notice, said person shall terminate open
storage of said junk vehicle(s) within the Village of Hamilton within
five days of personal service of such findings or within eight days
from posting where service of such findings is by registered or certified
mail.
A.
Upon written application and the deposit of $25, the
Village Code Enforcement Officer may issue a permit for the open storage
of a junk vehicle under the terms of this chapter, pending the making
of such repairs as are necessary to place said vehicle in a condition
for legal operation on a public highway. No junk vehicle, permitted
to be openly stored pursuant to the provisions of this section, shall
be openly stored closer than 10 feet to the edge or lot line of any
site.
[Amended 1-14-1992 by L.L. No. 1-1992]
B.
The application shall contain the following.
(1)
A statement by the applicant that the applicant intends,
within the permit period, to repair the vehicle so that it will be
in a condition for legal operation on public highways; and that if
said repairs have not been made by the end of the permit period, that
the applicant will terminate open storage of the vehicle within the
Village of Hamilton by the end of the permit period.
(2)
The name and residence address of the applicant.
(3)
The name and address of the vehicle owner.
(4)
The vehicle make, model, year, color, type and vehicle
identification number.
(5)
The most recent state of registration and state license
plate numbers and the most recent vehicle inspection.
(6)
A description of the defect which is to be repaired
under the permit, an estimated cost of such repairs and the person(s)
who will make such repairs.
(7)
The location where the vehicle is stored and the location
where the vehicle will be repaired.
C.
The applicant shall also provide to the Village written
permission, signed by the owner or tenant in possession of such premises,
as part of the application, which shall provide permission to the
Village and its designees for the following:
(1)
Permission to enter upon such premises for the purpose
of inspecting said vehicle and for removing said vehicle from the
premises following the expiration of the permit period if, at such
time, the vehicle is a junk vehicle as herein defined.
(2)
Permission for the Village to make such inspection
and removal from any other premises owned by the applicant or the
owner and tenant in possession to which such vehicle may be moved
within the Village of Hamilton.
D.
Such written permission shall also state that it is irrevocable for a period of 45 days from the expiration of the permit. The deposit of $25 shall be refunded if, within the permit period, the vehicle shall cease to be a junk vehicle, as defined herein, or open storage within the Village of Hamilton of such vehicle is terminated; but, if neither condition is complied with, the deposit shall be forfeited to the Village of Hamilton. A separate permit shall be required for each separate vehicle to be repaired. Such permits shall be issued for not in excess of 30 days and may be extended once only for up to 15 days. No permit shall be issued after the original notice provided for in § 158-4 has been personally served or mailed by registered or certified mail, unless the applicant supplies the Code Enforcement Officer with an affidavit reasonably establishing that he had no knowledge of the junk vehicle local law and the requirement that a permit be acquired for the restoration of junk vehicles, prior to bringing junk vehicles into the Village. Inspection after the permit period has expired shall be at a time specified in a notice of inspection at least one day following personal service or three days following service by registered or certified mail. The applicant may participate in the inspection. The procedure of the preceding section for service of the determination, and time for removal following such service, shall apply to such post-permit proceedings.
[Amended 1-14-1992 by L.L. No. 1-1992]
If, within the time period provided for removal
following service of a determination that a vehicle is a junk vehicle,
including any extension of time pursuant to this chapter the open
storage of such junk vehicle within the Village of Hamilton is not
terminated, such junk vehicle shall be automatically deemed a public
nuisance, and the Village or representative of the Village shall have
the right to enter and remove such vehicle from any premises within
the Village where such vehicle may be found and to dispose of such
vehicle. Neither the Village nor any person acting on behalf of the
Village shall be liable to any person for the disposal or destruction
of such junk vehicles. Said right of entry shall not be limited in
any way by the existence or lack of existence of a request, authorization,
license or other consent or approval of entry, inspection or removal.
No legal action shall be taken against any person
with regard to any violation of this chapter, which violation exists
on the date of the enactment of this chapter, provided that such person
terminates all violations by him, whether by removal, repair or permit,
as herein provided, within 45 days of such enactment date.
B.
A violation of any of the provisions of this chapter
shall also subject the violator to a civil penalty of the greater
of $50 per separate violation, or the Village's costs of inspection,
service of notices, removal, towing and permanently disposing of such
vehicles, less any criminal monetary fine which may have been imposed.
Each junk vehicle stored in violation of this chapter shall constitute
a separate violation. Each week that such separate violation shall
continue or be carried on shall constitute an additional separate
violation.
The Village Board of Trustees may issue reasonable
regulations in furtherance of and consistent with this chapter.
A.
Provided that such operations are permitted by all
applicable zoning laws and regulations,[1] including any limitations, restrictions or conditions
established according to law by the Village Board, the Zoning Board
of Appeals, the Planning Board or any court of competent jurisdiction
and are not in violation of any applicable private restrictive covenant
or agreement filed or recorded in the Madison County Clerk's office:
[Amended 1-14-1992 by L.L. No. 1-1992]
(1)
Any wrecker may store junk vehicles on one site, but
not on more than one site, within the Village, provided that no junk
vehicle is so stored within the Village for more than 15 days.
(2)
Any commercial garage may store junk vehicles on any
one site, but not on more than one site, within the Village, pending
and during repair of such vehicles, provided that no junk vehicle
is so stored within the Village for more than 45 days or, if a permit
for extended storage is issued, for 45 days, plus any extension permitted.
(3)
Any wrecker-commercial garage may store junk vehicles
on any one site, but not on more than one site, within the Village,
provided that if such storage of any junk vehicle exceeds 15 days,
that it shall be pending and during repair and shall not exceed an
additional 30 days or, if a permit for extended storage is issued,
a total of 30 days plus any extension permitted. Where a repair settlement
is pending, in good faith, the foregoing time periods shall not start
to run until either a repair settlement has been made or the junk
vehicle has been stored within the Village for two months, whichever
sooner occurs.
B.
For good cause shown, the Code Enforcement Officer
may extend by permit any time period in this section for such period
of time as he determines is reasonably necessary to permit repair
of a junk vehicle, but in no case shall such extension exceed an additional
45 days. The Code Enforcement Officer may refuse to permit such extended
storage if he determines that the applicant has not attempted to complete
repairs within the regular time period, is not in good faith or is
in violation of this chapter in any way. A fee of $25 shall be paid
for each permit and the applicant shall agree that the vehicle will
be repaired or removed from the Village at the end of such extension.
[Amended 1-14-1992 by L.L. No. 1-1992]
C.
Wreckers, commercial garages and wrecker-commercial
garages shall keep records showing the make, engine number, license
plate number, if any, vehicle owner, vehicle owner's address, purpose
for storage, any prior storage within 12 months by them and the starting
and ending dates of storage of each junk vehicle. Such records shall
be shown to Village officials upon request during business hours.
In the absence of such records or other sufficient proof that a junk
vehicle has not been stored in violation of this chapter, the operator
of such businesses shall terminate storage of the vehicle within the
Village within five days of receipt of a notice to terminate such
storage unless:
D.
Anything in this chapter notwithstanding, any disabled vehicle may be stored on the premises of any gasoline station for up to seven days. For this purpose, a vehicle shall be deemed disabled if within 24 hours prior to such storage its condition changes so that it becomes a junk vehicle as defined in § 158-2 of this chapter.
E.
Notwithstanding any other provision of this chapter
to the contrary, no junk vehicle shall be openly stored closer than
10 feet to the edge or lot line of any site.
F.
Notwithstanding any other provision of this chapter
to the contrary, no more than five junk vehicles may be openly stored
on any one site within the Village of Hamilton at any one time.
G.
The time periods set forth in this section shall be
cumulative for any junk vehicle stored by any wrecker or any commercial
garage within the Village within 30 days of being stored on any site
within the Village by any wrecker or commercial garage, whether stored
by the same or a different wrecker or commercial garage or stored
on the same or a different site.
