[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 8-8-1988 by L.L. No. 3-1988. Amendments noted where
applicable.]
[Amended 4-30-2004 by L.L. No. 1-2004]
This chapter shall be known as the "Unregistered Vehicle Law
of the Village of Greenwood Lake."
By declaring its intent in so doing to regulate and control
the activities known as "auto graveyards" or storage of nonoperating
autos, the Village Board hereby declares that such activities constitute
a hazard to property and persons and a public nuisance. Such materials
may be highly flammable and sometimes explosive. Gasoline tanks in
old autos often contain in some quantity combustible gasoline. The
engine and other parts of such autos are frequently covered with grease
and oil which is also flammable. The tires, plastic seats, tops and
other elements of such autos can contain flammable material. Batteries
and other elements of such autos can contain acids and other items
potentially harmful to humans. These autos frequently contain sharp
metal or glass edges or points upon which a human could receive serious
cuts and abrasions. These autos can constitute attractive nuisances
to children and certain adults. The presence of such autos, even in
areas zoned for business or industry, is unsightly and tends to detract
from the value of surrounding land and property unless such areas
are properly maintained and operated. The unrestrained accumulation
and storage of motor vehicles is a hazard to the health, safety and
welfare of the citizens of the Village, necessitating the regulation
and restraint thereof.
A.
COMMERCIAL GARAGE
ENFORCEMENT OFFICER
LEGAL OCCUPANT
OPEN STORAGE
OWNER
PARCEL OF PROPERTY
PERSON
UNREGISTERED VEHICLE
(1)
(2)
(3)
(4)
VILLAGE
As used in this chapter, the following items shall have the meanings
indicated:
Any business repairing or selling motor vehicles or any part
thereof.
The Village Police Department or the Village Building Inspector,
unless the Village Board by resolution designates some other Village
officer as "enforcement officer" or by resolution establishes the
position of Enforcement Officer of the Village and appoints some qualified
person thereto at a salary specified in such resolution.
Any person who, singularly or together with other persons,
is in possession of real property pursuant to an agreement with the
owner thereof. The term shall include tenants, contract vendees and
licensees.
Storage other than in a completely enclosed structure, such
as a garage constructed of wood, brick or metal.
A person owning real property in the Village. A parcel of
property owned by more than one person shall be considered as having
each person to be an owner.
Real property appearing on the tax rolls of the Village as
one unit.
Includes natural persons, corporations, unincorporated associations
or any other organization of two or more persons.
[Amended 4-30-2004 by L.L. No. 1-2004]
Any motor vehicle, whether automobile, bus, truck tractor mobile
home, motorcycle, minibicycle or snowmobile, or any other device originally
for travel on or off the public highways, which is abandoned, stored,
left or located by its owner or any other person on public or private
property in the Village of Greenwood Lake.
Any motor vehicle which is not registered by the State of New
York for operation on the public highways, or is not in a condition
to meet the requirements for a New York State vehicle inspection sticker.
A motor vehicle registered as a farm vehicle or which is operable
and used by the owner on his or her own property for the transport
of wood, snowplowing or similar uses shall not be considered an unregistered
vehicle.
"Abandoned," "stored" or "located" shall mean while the "unregistered
vehicle" is visible from a public or private highway or dwelling unit
on a neighboring property.
The Village of Greenwood Lake and its officers and agents;
also public and private areas within the Village.
B.
The term "shall" is always mandatory. Words used in the singular
shall include the plural and vice versa.
[Amended 4-30-2004 by L.L. No. 1-2004]
Open storage of one or more unregistered vehicles shall not
be permitted on private or public property within the Village, except
as permitted by this chapter.
[Amended 4-30-2004 by L.L. No. 1-2004]
A.
Any person wishing to store or locate an unregistered vehicle on
a parcel of property must first obtain a permit from the Code Enforcement
Officer allowing such storage with a fee to be established by the
Village Fee Schedule.
B.
That permit may be granted after an application has been made showing:
(1)
The make, model and year of the vehicle.
(2)
The name and address of the last registered owner and last registration
plate number as issued by the appropriate Department of Motor Vehicles.
(3)
The vehicle identification number.
(4)
The nature of the applicant's ownership or title to such vehicle.
(5)
The purpose(s) for which the unregistered vehicle(s) are being kept
or stored.
C.
Purposes for which unregistered vehicles can be stored or located
are as follows:
(1)
Antique or classic car restoration for vehicles 25 or more years
old. A permit will be issued on an annual basis, renewable for a year
at a time.
(2)
Restoration.
(a)
A
permit will be issued for a one-month period, renewable for an additional
one-month period at the discretion of the Enforcement Officer. The
renewal shall be granted only if the unregistered vehicle has been
substantially improved since the issuance of the original permit.
"Substantially improved" shall mean that the vehicle meets 50% of
the standards for highway use
(b)
If
an unregistered vehicle is involved in probate, a letter from an attorney
stating such is required and will be reviewed periodically.
(3)
Removal of parts or components. A permit will be issued for a sixty-day
period, renewable for one sixty-day period only.
[Amended 4-30-2004 by L.L. No. 1-2004]
Any owner or legal occupant of a parcel of property in the Village
who shall abandon, store, locate, leave or allow or condone any other
person to abandon, store, locate or leave an unregistered vehicle
upon a parcel of property owned or occupied by him within said Village
contrary to the provisions hereof shall be guilty of a violation hereof.
Any person, whether as owner or driver of a vehicle or an operator
of a towing vehicle or carrier, who shall abandon, store, locate or
leave an unregistered vehicle upon a parcel of property in the Village
of which he is not either the owner or legal occupant, without the
written permission of the legal occupant, shall be guilty of a violation
hereof.
[Amended 4-30-2004 by L.L. No. 1-2004[1]]
A violation of this chapter shall be punishable by a fine of
up to $250 for each violation and by imprisonment for up to 15 days,
or by both such fine and imprisonment. A violation of this chapter
shall also subject the violator to a civil penalty of $250 for each
violation, less any criminal monetary fine which may have been imposed.
Each unregistered vehicle abandoned, stored, left or located in violation
of this chapter shall constitute a separate violation. Each day of
a continuous violation shall constitute a separate and distinct violation.
In addition to the penalties set forth above, the Village may
commence an action in its own name against any person in any civil
court of competent jurisdiction to seek an injunction to enforce compliance
with this chapter. Such an action for injunctive relief may be independent
of or part of an action to collect the civil penalties as hereinabove
provided.
[Amended 4-30-2004 by L.L. No. 1-2004]
In addition to any penalty or fine as provided in § 64-7 hereof or the remedy to provide in § 64-8 hereof, any unregistered vehicle may be removed from the premises upon which it is located by the Village in the manner hereinafter provided:
A.
The enforcement officer, upon detecting an unregistered vehicle,
shall serve written notice on the person owning the parcel of property
on which the same is located, ordering such person to remove the same
or cause the same to be removed therefrom within 15 days of the date
of such service. Such notice shall contain a description of the parcel
of property, a statement as to the location of such unregistered vehicle
and a reference to this chapter and to the fact that the location
of such unregistered vehicle on such parcel of property is in violation
of this chapter. If such parcel of property is owned by more than
one person, personal service on any one such owner shall suffice;
however, as to any owner not personally served with such notice or
if no owner can be located upon whom to make personal service, the
enforcement officer shall mail such notice to owners not personally
served, or to the owner and to all owners if no owner was personally
served, by registered mail to their or his last known address as shown
on the latest completed assessment roll of the Village. In addition,
the enforcement officer shall post conspicuously a copy of such notice
on the parcel of property on which said unregistered vehicle is located.
B.
At the expiration of 15 days after service or mailing and posting
of such notice, if such unregistered vehicle has not been removed,
or for which a proper permit or registration has not been obtained,
the Village of Greenwood Lake, Inc., may contract for the removal
of said unregistered vehicle.
[Amended 6-29-2001 by L.L. No. 3-2001]
C.
Any expense to the Village in accomplishing the removal of such unregistered
vehicle, including the costs of temporary storage, may be assessed
by the Village upon the real property from which said unregistered
vehicle was removed, and the expense so assessed shall constitute
a lien and charge upon the real property upon which it is levied until
paid or otherwise satisfied or discharged as other Village charges.
[Amended 6-29-2001 by L.L. No. 3-2001]
D.
Any unregistered vehicle found to have been abandoned in the Village
in violation of § 1224 of the Vehicle and Traffic Law of
the State of New York may be removed and disposed of in the manner
and as provided in said § 1224. The enforcement officer
is authorized as the proper person to execute all notices and documents
required to be given, mailed or filed with the Department of Motor
Vehicles or any person.
E.
In the event that an unregistered vehicle is released by its owner,
and accepted by the Village, and the vehicle is suitable for operation
on the public highways, the Village may:
[Amended 6-29-2001 by L.L. No. 3-2001]
The Village enforcement officer shall have and is hereby given
the authority to go upon any parcel of real property in the Village,
public or private, exclusive of enclosed structures or buildings,
at any time during daylight hours, to examine and inspect any vehicles
or parts or components thereof to determine whether a violation of
this chapter has been committed or to determine the condition of any
vehicle or parts or components thereof. The officer shall notify the
property owner, in writing, prior to entering on such property.
Nothing herein contained shall be interpreted as amending or abrogating the effect or provisions of Chapter 120, Zoning, of the Code of the Village of Greenwood Lake or any amendments to such ordinance.
