[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 6-8-1998 by L.L. No. 1-1998. Amendments noted where
applicable.]
This chapter may be known and cited as the "Abandoned,
Junked or Unregistered Motor Vehicle Local Law."
The outdoor storage of abandoned, junked, discarded
or unregistered motor vehicles on privately owned property within
the Village of Coxsackie is detrimental to the health, safety and
general welfare of the community. The same also constitutes an attractive
nuisance to children and may imperil their safety. Such storage also
endangers the person and property of members of the community, since
such vehicles are often replete with broken glass, sharp and rusted
metal edges, highly combustible or explosive gasoline or fumes, and
corrosive battery acid; and such vehicles tend to result in the growth
of weeds and tall grass, the accumulation of debris, and the breeding
of insects, vermin, and rodents. Such storage is unsightly and depreciates
property values. The control of the outdoor storage of abandoned,
junked, discarded and unregistered motor vehicles on privately owned
properties within the Village of Coxsackie is therefore regulated
for the preservation of the health, safety and general welfare of
the community.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by all relevant facts, including
but not limited to any one of the following: the physical condition
of the motor vehicle, any statements as to its abandonment, the length
of time since the motor vehicle was last used on public highways,
and whether the motor vehicle is currently registered. With respect
to a motor vehicle not required to be registered or motor vehicles
not usually used on public highways, the intent of the owner shall
be determined by the physical condition of the motor vehicle, the
length of time since it was last used for the purposes intended and
any statements as to its abandonment, and other relevant facts. The
statement of the owner or person in control that he does not intend
to abandon the vehicle, by itself, without a showing of willingness
and ability to repair, register or make the vehicle ready for lawful
use, shall not defeat a finding that the vehicle is abandoned.
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 whose owner 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 the reasonable market value
before such repair, or which is impractical to repair due to the age
or condition of the vehicle.
Every vehicle originally designed and intended to be operated,
drawn or driven, or capable of being operated, drawn or driven, upon
a public highway by any power other than muscular power. For the purposes
of this chapter, the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles, trailers, snowmobiles
and all-terrain vehicles.
A person, firm or corporation 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.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Village of Coxsackie.
Includes all parcels of real property privately owned, situated
in the Village of Coxsackie, whether occupied or vacant.
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle which may be registered with the State of New York does not
display a current license plate or displays an expired license plate
shall be presumptive evidence of the fact that such motor vehicle
is not currently registered.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of property
within the Village of Coxsackie, to store or deposit, or cause or
permit to be stored or deposited, any abandoned, junked or discarded
motor vehicle, or part or piece thereof, on any private property within
the Village of Coxsackie, unless such motor vehicle is stored or deposited
in a completely enclosed building.
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 the Village of Coxsackie, to store or deposit,
or cause or permit to be stored or deposited thereon, any unregistered
motor vehicle unless:
(1)
Such motor vehicle is the inventory or part of the
inventory of a new or used motor vehicle dealer located in compliance
with the ordinances and local laws of the Village of Coxsackie; or
(2)
Such motor vehicle has been converted to and is actually
used as a permanent building or structure for carrying on purposes
in such manner and circumstances as authorized by the local laws and
ordinances of the Village of Coxsackie; or
(3)
Such motor vehicle is a camping, house or boat trailer
otherwise stored and used in compliance with the local laws and ordinances
of the Village of Coxsackie.
A.
If the provisions of the foregoing sections are believed
to be violated, the Code Enforcement Officer or any peace officer
shall serve a written notice, either personally, by regular mail,
or by posting conspicuously at the premises, upon the owner, occupant
or person having charge of such private property, to comply with the
requirements of this chapter. The Code Enforcement Officer or peace
officer may determine ownership of any parcel of land in the Village
of Coxsackie from the current assessment roll of the Village and may
serve written notice upon the owner thereof by mailing such notice
to the owner at the address listed on the current assessment roll.
If the Code Enforcement Officer or peace officer is unable to determine
the ownership or address of the owner of said private property, such
notification may be made by publishing same once in the official newspaper
of the Village.
B.
The notice shall be in substantially the following
form:
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To the owner, occupant or person having charge
of land within the Village of Coxsackie briefly described as follows:
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(here describe subject property)
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NOTICE IS HEREBY GIVEN that an abandoned, junked,
discarded or unregistered motor vehicle is stored or deposited on
the above-described property in the Village of Coxsackie. This vehicle
must be removed therefrom within five days from the date of this notice;
provided, however, that if this notice is served on you by publication,
said motor vehicle shall be removed within 10 days from the date of
publication of this notice.
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Failure to remove the abandoned, junked, discarded
or unregistered motor vehicle within the periods prescribed above
is a violation of this chapter.
Violations of this chapter shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or both.
All motor vehicles shall be removed at the owner's
expense. Any person, firm or corporation who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Village of Coxsackie in the removal and disposal of a motor vehicle
by order of the Village Court of the Village of Coxsackie shall be
subject to the fines and penalties provided herein.
