[HISTORY: Adopted by the Board of Trustees of the Village
of Montgomery 11-19-1991 by L.L. No. 6-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 72.
Property maintenance — See Ch. 90.
Vehicles and traffic — See Ch. 114.
[1]
Editor's Note: This local law also repealed former Ch.
116, Vehicles, Abandoned and Inoperative, adopted 10-7-1985 by L.L.
No. 16-1985.
It is hereby declared and found that abandoned, junked, discarded,
dismantled or currently unlicensed motor vehicles in and upon private
property within the Village of Montgomery affect the public interest
and constitute a nuisance, in that health, fire and safety hazards
are created, and such vehicles are subject to supervision and control
for the purpose of safeguarding the public health, safety and general
welfare of the people at the Village of Montgomery.
As used in this chapter, the following terms shall have the
meanings indicated:
- A. Any motor vehicle, as that term is defined in the Vehicle and Traffic Law of the State of New York, that is:
- (1) Without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition; or
- (2) 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 for the purpose of disposing of the same.
- (1)
- B. With respect to any motor vehicle not required to be licensed or not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is an "abandoned, junked or inoperative motor vehicle."
- C. The fact that a motor vehicle may be licensed or registered with the State of New York but does not display a current license plate shall be presumptive evidence that such motor vehicle is unlicensed.
- D. The use of the term in the singular herein is intended, where applicable, to include the plural.
It shall be unlawful for any person, firm or corporation, either
as owner, lessee, occupant or otherwise, to store or deposit or cause
or permit to be stored or deposited an abandoned, junked or inoperative
motor vehicle or part or piece thereof in and upon any private property
within the Village of Montgomery, except within a garage or other
enclosed structure.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the village in violation of § 116-3 may be removed from the premises on which located in the following manner:
A.
The enforcement official shall serve or cause to be served written
notice by certified mail, return receipt requested, upon the owner
of the private property on which the vehicle is located, ordering
such person to remove the same or cause the same to be removed therefrom
within 10 days after service of the notice. The enforcement official
may determine the ownership and address of the owner of any parcel
of land in the village from the current assessment roll.
B.
If the person upon whom the notice is served fails, neglects or refuses
to comply with the provision of the notice within 10 days after service
of the notice, the enforcement official shall advise the Village Board,
and the Village Board shall hold a hearing on the removal of the vehicle
or vehicles and shall serve notice of said hearing upon the owner
of the private property at least five days prior to the hearing.
C.
In the event that said abandoned, junked or inoperative motor vehicle
or vehicles are not removed from the premises within 10 days subsequent
to the hearing, or said other time period as the Board may specify,
the village shall have the right to enter upon the premises and to
remove and dispose of the abandoned, junked or inoperative motor vehicle
or vehicles. The expense of such removal and disposal shall be a lawful
charge against the owner of the private property and may be collected
pursuant to Village Law § 5-518 or, if necessary, in a civil
action instituted in the name of the village.
A.
In addition to any expenses which may be collected pursuant to § 116-4C above, any person committing an offense against this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B.
In addition or as an alternative to the above penalties, the Board
of Trustees may also maintain an action or proceeding in the name
of the village in a court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of this chapter.
