[HISTORY: Adopted by the Common Council of the City of Fulton 4-20-2004 by L.L. No. 1-2004 (Ch. 162 of the 1991 Code); amended in its entirety 9-21-2021 by L.L. No. 5-2021. Subsequent amendments noted where applicable.]
The outdoor storage of abandoned, junked, and discarded motor vehicles upon public and private property within the City of Fulton, except in a permitted and orderly manner, constitutes a blight upon the City of Fulton and presents a peril to public health and safety in that they are replete with dangerous materials, including broken glass, sharp and torn metals, gasoline and other hazardous materials, are an attractive nuisance to children, and tend to depreciate not only the property on which they reside, but also other properties in the neighborhood and within the City of Fulton generally. Accordingly, the Common Council hereby finds that the outdoor storage of such vehicles is detrimental to the general welfare of the City of Fulton, its residents and the community at large and, thus, constitutes a public nuisance requiring regulation and enforcement by the City.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED
Any motor vehicle which:
A. 
Has a wholesale value of $1,250 or less; and
B. 
Is more than 10 model years old; and
C. 
Has been abandoned for at least one month.
DISCARDED
Any motor vehicle which, under the totality of the circumstances, appears to have been disposed of as useless, no longer of service or rejected by the true owner. Criteria used in making such a determination may include, but are not limited to, the circumstances under which a vehicle is situate upon the property in question, the concealment of valid identification of the vehicle such as the removal, obliteration, alteration or removal of the vehicle identification number, whether useful and valuable parts of the vehicle have been removed, and whether the remaining parts of the vehicle are of significant value.
JUNKED
Any motor vehicle, or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle, which is:
A. 
Unregistered for a period of 10 or more consecutive days;
B. 
Uninsured for a period of 10 or more consecutive days;
C. 
No longer intended or in condition for legal use on the public highways;
D. 
The cost to repair the vehicle in order to enable said vehicle to pass the New York State inspection laws for motor vehicles exceeds the fair market value of said vehicle; or
E. 
Abandoned or discarded.
MOTOR VEHICLE
Every vehicle which may be operated or driven upon a public highway which is propelled by any power other than muscular power, including, but not limited to, an automobile, bus, trailer, tractor, motor home, motorcycle, and minibicycle. This term shall also include an all-terrain vehicle and snowmobile.
OWNER OF MOTOR VEHICLE
A person, other than a lienholder, having possession of or title to a motor vehicle. The term includes a person entitled to the use and possession of a motor vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle, having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
PERSON
An individual, partnership, association, corporation, or entity of any other kind.
PRIVATE PROPERTY
Any real property situate in the City of Fulton which is not public property as defined herein.
PUBLIC PROPERTY
Any real property in which the City of Fulton, County of Oswego, State of New York or United States of America has any form of legal interest therein, including, but not limited to, fee simple ownership, recorded easements, unrecorded easements, easements by prescription, licenses or any interest acquired by adverse possession.
UNINSURED
A vehicle not insured in accordance with Article 6 of the New York State Vehicle and Traffic Law.
UNREGISTERED
A vehicle not registered in accordance with Article 14 of the New York State Vehicle and Traffic Law, or a vehicle registration which, though proper and current, has been suspended or revoked by the New York State Department of Motor Vehicles.
A. 
The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways.
B. 
With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle unless refuted by verifiable and credible proof to the satisfaction of the Code Enforcement Bureau Chief and or their designee.
In any district, the following regulations shall apply:
A. 
Any vehicle having a maximum gross weight of more than 18,000 pounds, motor vehicles used for drag or stock car racing, and an abandoned or junked vehicle must be parked in a completely enclosed structure, such as a garage or barn.
B. 
Exceptions to these parking location regulations may be granted upon the issuance of a special permit pursuant to § 601-6 of this chapter.
A. 
This chapter shall not apply to any motor vehicle repair shop which is licensed by the State of New York or to any new or used automobile or trailer sales or rental agency.
B. 
This chapter shall not apply to any motor vehicles which are permanently stored in a completely enclosed structure.
C. 
This chapter shall not apply to any motor vehicles which are completely covered by a nontransparent covering specifically manufactured for covering motor vehicles, provided that such covered motor vehicle is situate in the rear yard of the property, as the term "rear yard" is defined by Chapter 640, Zoning, of the Code of the City of Fulton.
A. 
The office of the Code Enforcement Bureau Chief and/or their designee may grant a special permit where the strict application of the provisions of this chapter would result in practical difficulty or unnecessary hardship, provided that the legislative intent of this chapter, as set forth in § 601-1 hereof, is not impaired and so long as the protection of the safety and welfare of the community is not impaired. A special permit issued under this section shall be valid for a period not to exceed six consecutive calendar months except for special permits issued pursuant to Subsection B of this section.
B. 
Notwithstanding the provisions of Subsection A of this section, the office of the Code Enforcement Bureau Chief and/or their designee may grant a temporary permit for residents in the process of selling a car. Said permit is intended to provide residents a reasonable opportunity to display and offer for sale a motor vehicle in a location other than within the public right-of-way, unless specially endorsed and permitted by the Code Enforcement Bureau Chief and/or their designee. Such temporary permit is valid for a period not to exceed 30 days, except that a permit may be obtained for the same vehicle for an additional 30 days upon application by the owner or agent of the owner. Applications for such permits may be made upon forms specified by the Code Enforcement Bureau Chief and/or their designee. Permits may be issued in the discretion of the Code Enforcement Bureau Chief and/or their designee, giving due consideration to the number of vehicles at the subject location, the number of permits currently and previously issued and the impact of the display of such vehicle(s) at the subject location.
C. 
Any permit issued pursuant to this section may be suspended or revoked for cause, upon notice to the permittee. Notice of any such suspension or revocation shall be made in the same manner as specified in Subsection B of § 601-8 herein.
The Code Enforcement Bureau Chief and/or their designee of the City of Fulton is hereby declared to be the enforcement officer of this chapter.
A. 
The enforcement officer may serve upon the last known registered owner of an abandoned, discarded or junked motor vehicle located on public property, or a discarded or junked motor vehicle located on private property, and/or the assessed owner of the real property upon which said motor vehicle is situated, a written notice of violation of this chapter.
B. 
The notice of violation shall be served in the following manner:
(1) 
By personal service as defined by the Civil Practice Law and Rules of the State of New York; or
(2) 
By certified or registered mail, return receipt requested.
C. 
The notice of violation shall state that the violation shall be remedied within 10 calendar days of the service of said notice and that the failure to remedy such violation shall be deemed to subject the last known registered owner of the junked, abandoned or discarded motor vehicle and/or the assessed owner of the real property upon which the motor vehicle is situate to the penalties prescribed by this chapter.
D. 
The notice of violation shall state that the City of Fulton shall have the authority to remove such junked, abandoned or discarded motor vehicle from public property after the expiration of 10 days from the date of service of the notice of violation, as prescribed by § 601-10 hereunder.
E. 
In the case of a discarded or junked motor vehicle located on private property, the notice of violation shall additionally state that the person(s) served with said notice shall be entitled to an opportunity to be heard with regard to said violation at a hearing before the Code Enforcement Bureau Chief or his/her designee. Said notice of violation shall further state that the person(s) served must request a hearing, in writing, before the Code Enforcement Bureau Chief, which request must be received by the Code Enforcement Bureau Chief within 10 days of the date of said notice of violation.
If a person served with a notice pursuant to § 601-8E of this chapter shall timely request a hearing, the Code Enforcement Bureau Chief or his/her designee shall hold the same within 30 days of the receipt of the request therefor and shall hear said person and all other persons interested concerning the removal of the discarded or junked motor vehicle(s) therefrom and the applicability of this chapter to the facts and circumstances presented. If the Code Enforcement Bureau Chief or his/her designee shall determine that the motor vehicle(s) in question meet the definition of "discarded" or "junked" as provided by this chapter, and that the motor vehicle(s) are being stored on private property in violation of this chapter, the person(s) served with the notice shall be ordered to remove the same within 15 days of such determination. If the person(s) served with the notice shall fail to remove the motor vehicle(s) in question within 15 days of such determination, the City and/or its authorized agents or employees shall be authorized to enter onto the property to remove the same pursuant to § 601-11B of this chapter.
Any person who shall refuse or fail to comply with the demand contained in the notice of violation and who shall refuse and neglect to remove the abandoned, discarded or junked motor vehicle as directed by this chapter, or who shall otherwise violate the provisions of such chapter, or who shall resist or obstruct the agents of the City from removing said vehicle, shall be deemed guilty of a violation and subject to a fine:
A. 
For a first offense, not less than $50 and not to exceed $100 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
B. 
For a second offense, not less than $100 and not to exceed $250 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
C. 
For a third or subsequent offense, not less than $250 and not to exceed $500 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
A. 
In any case where an abandoned, junked or discarded motor vehicle remains on public property for a period of 10 or more calendar days after the service of notice as prescribed in § 601-8 herein, the City of Fulton, its officers, agents or employees shall be vested, upon resolution of the Common Council, with the authority to remove said abandoned, junked or discarded vehicle. The person upon whom the notice of violation is served shall be jointly and severally liable for the costs incurred by the City of Fulton for the removal and towing of said abandoned, discarded or junked motor vehicle, plus the sum of 25% for administrative fees.
B. 
In any case where a junked or discarded motor vehicle remains on private property for a period of 10 or more calendar days after the service of notice as prescribed by § 601-8 herein or, if the person(s) served with said notice request a hearing pursuant to § 601-9 of this chapter, within 15 days of the Code Enforcement Bureau Chief or his/her designee's determination that the motor vehicle in question is being stored on private property in violation of this chapter, the City of Fulton, its officers, agents or employees shall be vested with the authority to remove said junked or discarded vehicle. The person(s) upon whom the notice of violation is served shall be jointly and severally liable for the costs incurred by the City of Fulton for the removal and towing of said discarded or junked motor vehicle, plus the sum of 25% for administrative fees. All costs and fees associated with removal and towing must be paid by the person(s) responsible for the violation of this chapter before the vehicle(s) in question may be reclaimed.
No officer, agent or employee of the City of Fulton shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.
Subject to and in conformity with the provisions set forth herein, the Code Enforcement Bureau Chief and/or their designee may enact, amend and repeal rules and regulations in order to properly carry out the provisions of this chapter. Any such rules and regulations shall be recorded and filed with the office of the Code Enforcement Bureau Chief and the Clerk/Chamberlain.