[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 10-8-1991 by L.L. No. 4-1991; amended in its entirety 10-26-1999 by L.L. No.
9-1999. Amendments noted where applicable.]
[Amended 9-24-2013 by L.L. No. 4-2013]
The outdoor storage of abandoned, unlicensed, junked or discarded
motor vehicles or any parts thereof, boats, or any parts thereof,
mechanized equipment or other material upon public or private property
within the Village of Solvay is dangerous, unsightly and a detriment
to the preservation of public health, the protection of property and
the safety and welfare of the residents of the Village of Solvay.
The outdoor storage of abandoned, unlicensed, junked or discarded
motor vehicles or any parts thereof, boats, or any parts thereof,
mechanized equipment or other material upon such properties constitutes
an attractive nuisance to children and adults and a peril to the safety
and welfare of the residents of the Village of Solvay, since the fuel
tanks frequently contain gasoline or gasoline fumes and may be subject
to explosion in case of fire. Such storage depreciates the value of
neighboring properties and is unsightly and discourages the orderly,
progressive development of the Village of Solvay; the control of the
outdoor storage of abandoned, unlicensed, junked or discarded motor
vehicles or any parts thereof, boats, or any parts thereof, mechanized
equipment or other material upon public or private property is, therefore,
regulated for the preservation of the health, safety and welfare of
the residents of the Village of Solvay.
As used in this chapter, the following terms shall have the
meanings indicated:
With regard to a motor vehicle, the intent of the owner of
the motor vehicle not to use the motor vehicle on the public highways.
With regard to a boat, the intent of the owner of the boat not to
use the boat on a waterway. The intent of an owner may be determined
by the physical condition of the motor vehicle or boat, the length
of time since the motor vehicle has last been used on a public highway
or the length of time since the boat has last been used on a waterway,
and whether the motor vehicle is licensed or unlicensed or the boat
is registered or unregistered.
[Amended 9-24-2013 by L.L. No. 4-2013]
Any construction designed for use on water.
[Added 9-24-2013 by L.L. No. 4-2013]
Any motor vehicle or boat which the owner thereof does not
intend to recover possession thereof or any motor vehicle or boat
to which ownership cannot be reasonably determined.
[Amended 9-24-2013 by L.L. No. 4-2013]
Any motor vehicle or boat in such condition as to cost more
to repair or place such motor vehicle or boat in operating condition
than the maximum retail value of the motor vehicle or boat.
[Amended 9-24-2013 by L.L. No. 4-2013]
Every vehicle so defined as such by the New York Vehicle
and Traffic Law and as the same may be amended.
Any motor vehicle which is not validly licensed with the
proper authorities.
[Amended 9-24-2013 by L.L. No. 4-2013]
It shall be unlawful for any person, firm or corporation, either
as an owner of a motor vehicle or boat, or as an owner, occupant,
lessee or tenant of any public or private property within the Village
of Solvay, to store or deposit or cause or allow or permit to be stored
or deposited, an abandoned, unlicensed, junked or discarded motor
vehicle or any parts thereof, boat or any parts thereof, mechanized
equipment or other material upon any public or private property outdoors,
within the limits of the Village of Solvay.
[Amended 9-24-2013 by L.L. No. 4-2013]
A.
If the provisions of the foregoing section are violated, the Chief
of Police or Code Enforcement Officer or any other Village employee
charged with giving such notices shall serve written notice, either
personally or by certified mail, upon the owner of the motor vehicle
or boat or on the owner, occupant, lessee or tenant of such public
or private property to comply with the provisions of this chapter.
The notice shall be in substantially the following form:
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TO THE OWNER OF THE MOTOR VEHICLE OR BOAT, OR THE OWNER,
OCCUPANT, LESSEE OR TENANT OF THE PROPERTY WITHIN THE VILLAGE
OF SOLVAY, KNOWN AS
_________________________________________________________.
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NOTICE IS HEREBY GIVEN that an abandoned, unlicensed, junked or discarded motor vehicle or boat (or any parts thereof, mechanized equipment or other material) has been stored or deposited on the above-described property in the Village of Solvay in violation of Chapter 157 of the Code of the Village of Solvay. Violation of Chapter 157 constitutes an offense. The motor vehicle or boat (or any parts thereof, mechanized equipment or other material) must be removed within 10 days from the date of this notice. Failure to remove in accordance with the notice may subject you to a fine not to exceed $250 and/or imprisonment not to exceed 15 days, or both.
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Please advise the following of your compliance with this notice:
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Village Department:
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Phone Number:
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Address:
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Dated:
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B.
In addition, a copy of said notice shall be served upon the last
known owner of the motor vehicle or boat (according to New York Department
of Motor Vehicles records) or the owner, occupant, lessee or tenant
of such real property upon which the offending motor vehicle, boat,
equipment or material is located.
[Amended 9-24-2013 by L.L. No. 4-2013]
In addition to any other remedies provided herein, and in furtherance
of the purposes herein stated, to preserve the public health, safety
and welfare, the Chief of Police is hereby authorized and empowered
to remove and dispose, in accordance with the New York Vehicle and
Traffic Law, of any motor vehicles, boats, equipment or material found
to be in violation of this chapter.
The provisions of this chapter shall not apply to the following:
A.
Mechanized equipment or other materials temporarily stored at and
in connection with a duly permitted construction site.
B.
Stock-in-trade, mechanized equipment or other materials stored on
duly zoned commercial or industrial property, provided that such equipment
or material is properly screened from any adjoining residentially
zoned property.
[Amended 9-24-2013 by L.L. No. 4-2013]
An owner of a motor vehicle or boat, or an owner, occupant,
lessee or tenant who shall neglect or refuse to remove an abandoned,
unlicensed, junked or discarded motor vehicle, or any parts thereof,
or boat, or any parts thereof, or who fails to remove mechanized equipment
or other material as directed by this chapter, shall be, upon conviction
thereof, fined a sum of not more than $250 or imprisoned for not more
than 15 days, or both. Each day's continued violation shall be considered
a separate violation.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other provision, sentence,
paragraph or part thereof.
