[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.
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, 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.
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, deposited, placed or maintained outdoors, any
junk on any private property within the Village of Coxsackie.
B.
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.
C.
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:
(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 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
(3)
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:
A.
Wood intended for consumption in a wood-burning stove, furnace or
fireplace located in a building on the premises.
B.
Lawn or yard or garden ornaments and implements.
C.
Lawn and patio furniture.
D.
Standing fences.
E.
Hoses and sprinklers used for watering lawns or gardens.
F.
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.
G.
Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued.
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.
B.
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.
A.
Failure to remove the junk storage within the periods prescribed
above is a violation of this chapter.
B.
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.
