[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie amended in its entirety 8-11-2008 by L.L. No. 7-2008; 6-12-2017 by L.L. No. 3-2017. Subsequent amendments noted where applicable.]
This chapter may be known and cited as the "Junk Storage Local Law."
The outdoor storage of junk on privately owned property within the Village of Coxsackie is detrimental to the health, safety and general welfare of the community. Junk storage constitutes an attractive nuisance to children and may imperil their safety. Junk storage, particularly junk vehicles, 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 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 animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food, including containers in which packaged.
- Worn out or discarded material of little or no value, including but not limited to a junk appliance, junk furniture, junk motor vehicle, garbage or rubbish.
- JUNK MOTOR VEHICLE
- 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.
- MOTOR 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.
- OWNER OF MOTOR VEHICLE
- 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.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation being the owner, receiver or assignee of private premises or private property located within the Village of Coxsackie.
- A lot, plot or parcel of land, easement or public way, including any structures thereon.
- Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
- UNREGISTERED MOTOR VEHICLE
- 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.
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, deposited, placed or maintained outdoors, any junk on any private property within the Village of Coxsackie.
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 use a bus, uninhabited mobile home, truck, truck trailer, horse trailer, semitrailer, tank truck, or similar vehicle for the storage of junk on any premises.
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 outdoors, any unregistered motor vehicle unless:
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
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; or
Such motor vehicle is undergoing active repair or restoration which is completed within one year.
The Code Enforcement Officer has the authority to make an exception on a case-by-case basis, such as for long-term storage of an unregistered vehicle belonging to a family member serving in the military or away at school. In addition, § 78-4 shall not apply to the storage or placement on the premises for the following:
Wood intended for consumption in a wood-burning stove, furnace or fireplace located in a building on the premises.
Lawn or yard or garden ornaments and implements.
Lawn and patio furniture.
Hoses and sprinklers used for watering lawns or gardens.
Storage or placement and accumulation of materials in connection with a commercial operation duly conducted on the premises where such storage, placement and accumulation is expressly permitted by the laws of the Village of Coxsackie.
Construction materials and equipment used for the construction or renovation of a building on the premises for which a building permit has been issued.
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.
The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Village of Coxsackie briefly described as follows:
(here describe subject property)
NOTICE IS HEREBY GIVEN that the above-described property in the Village of Coxsackie is in violation of the Junk Storage Law.
(here describe specific junk storage violation)
This junk storage must be removed therefrom within 10 business days from the date of this notice.
Failure to remove the junk storage within the periods prescribed above is a violation of this chapter.
All junk storage 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 said junk storage by order of the Village Court of the Village of Coxsackie shall be subject to the fines and penalties provided herein.
Violations of this chapter shall be punishable by a maximum fine or by imprisonment, as determined by the schedule adopted by the Village Board of Trustees of the Village of Coxsackie.