[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.]
[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Editor's Note: This local law also repealed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:
Any motor vehicle, as that term is defined in
the Vehicle and Traffic Law of the State of New York, that is:
Without a currently valid license plate or plates
and is in either a rusted, wrecked, discarded, dismantled, partly
dismantled, inoperative or abandoned condition; or
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.
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."
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.
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.
