Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Community development — See Ch. 86.
Housing standards — See Ch. 125.
Junk dealers and junkyards — See Ch. 132.
Portable storage units — See Ch. 172.
Used car dealers — See Ch. 231.
Vehicles and traffic — See Ch. 240.
Zoning — See Ch. 260.
[Adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 101 of the 1971 Code]
[Amended 6-8-2009 by L.L. No. 2-2009]
A. 
The seriousness of the matter of the outdoor storage of abandoned, junked, discarded or unlicensed motor vehicles upon privately owned properties within the Village increases with the passage of time. It is a source of vexation and annoyance, not only to the members of the traveling public, but to the owners and occupants of adjoining lands. The outdoor storage of such vehicles upon private lands is unsightly. It constitutes an attractive nuisance to children, and a peril to their safety in case of fire and explosion whenever gasoline is left in the fuel tanks of such vehicles. It depreciates the value of neighboring properties. The preservation of peace and good order, the suppression of vice, the benefit of trade, the preservation of public health and the protection of property, the prevention and extinguishment of fires and explosions, compel the Board of Trustees of the Village of Depew to legislate upon this subject matter. It is hereby declared that the adoption of this section has for its purpose the effective termination of such obnoxious practice.
B. 
For the purposes of this chapter a vehicle is abandoned, junked, discarded or unlicensed if it is not currently licensed with license plates displayed on the motor vehicle as required by New York law or if it is not inspected with an inspection sticker affixed as required by New York law, unless the motor vehicle is parked on the premises of a lawfully operating new car dealer, used car dealer, junkyard, salvage yard, or impound yard where a vehicle is being stored pursuant to police order, or unless the vehicle is lawfully registered, licensed and insured in another state or in Canada and displays license plates from the jurisdiction where it is registered.
[Amended 6-8-2009 by L.L. No. 2-2009]
It shall be unlawful for any person, either as owner, occupant, lessee, agent, tenant or otherwise to store, place, park or deposit, or cause or permit to be stored, placed, parked or deposited, an abandoned, junked, discarded, unused or unlicensed motor vehicle or motor vehicles upon any private land, unenclosed and upon the surface of such land, within the corporate limits of the Village.
[Amended 6-8-2009 by L.L. No. 2-2009]
If the provisions of the foregoing section are violated, the Village Clerk shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of any such land, to comply with provisions of this article. The notice shall be in substantially the following form:
"To the owner, occupant, or person having charge of land known on the Assessment Map of the Village of Depew as Lot(s), Number(s), or Number Street or Avenue.
"Notice is hereby given that an abandoned, damaged, discarded, unlicensed and/or inoperable motor vehicle has been found stored or deposited upon the above described property in the Village of Depew. This automobile must be removed within 7 days from the date of this notice.
"IN CASE you fail or refuse to comply with this notice on or before the expiration of the said 7 days from the date of this notice, the Village of Depew, acting through its duly authorized agents, servants, officers and employees, will enter upon your land and remove and cause the same to be destroyed. The expense incurred by the Village will be assessed against the above described land, and shall constitute a lien thereon, and be collected as provided by law.
"Dated _______________________
_____________________________
Village Clerk"
Any person who shall neglect and refuse to remove said abandoned, junked, discarded and unlicensed motor vehicle, as directed by this article, or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this article, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village in the removal and destruction thereof, shall be, upon conviction thereof, fined a sum of not exceeding $100 for each violation thereof. In addition to the penalty herein provided, the violation thereof shall constitute disorderly conduct, and the persons violating the same shall be a disorderly person.
[Adopted 3-3-1987 by L.L. No. 1-1987]
[1]
Editor's Note: See also Ch. 132, Junk Dealers and Junkyards.
Purpose of this article is to regulate dismantling operations of motor vehicles within the limits of the Village of Depew for the preservation of public health, protection of property, the prevention and extinguishment of fires and explosions, and to regulate all such operations.
Any person who is engaged in the business of acquiring motor vehicles, trucks or trailers for the purpose of dismantling the same for parts, or reselling such vehicle as scrap, shall not operate as a dismantler unless he or she, or a corporation, has been issued a Certificate of Registration to do so by the Department of Motor Vehicles pursuant to § 415-a,[1] and in accordance with the provisions of this article and all sections therein.
[1]
Editor's Note: See Vehicle and Traffic Law § 415-a.
Any person, firm, corporation, business, within the limits of the Village of Depew must strictly conform to § 136 of the General Municipal Law; in that said business shall be completely surrounded by a fence at least eight feet high, and/or natural barriers, which subsequently screen the premises; and that it have a suitable gate which must be locked at all times, except during business hours.
Any person operating a dismantling business within the confines of the Village of Depew must first secure a permit from the Village Clerk by payment of a $100 annual permit fee.
After approval by the Village Board of the application submitted, any violations of these sections will result in a fine of $100 per week.