[HISTORY: Adopted by the Village Board of the Village of
Malone 2-11-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 33A.
Property maintenance — See Ch. 37B.
Vehicle and traffic — See Ch. 59.
[1]
Editor's Note: This local law superseded former Ch. 70,
Inoperable, Unregistered and Junk Vehicles, adopted 6-25-1990 by L.L.
No. 5-1990.
The outdoor storage of abandoned, junked, discarded or unlicensed
vehicles upon private property within the Village of Malone is hereby
declared to be detrimental to the health, safety and general welfare
of the community, aesthetically unattractive and detracting from the
enjoyment of the environment by said residents, tending to depreciate
neighborhood property values, and is an infringement on their properties
and homes. The same also constitutes a potential nuisance to the children
of the community and may imperil their safety. The fuel tanks of abandoned,
junked or discarded vehicles containing gasoline or gasoline fumes
constitute an ever-present danger of explosion. The abandoned, junked
or discarded vehicles also contain broken glass and sharp metal edges,
and such vehicles usually are stored or abandoned with batteries containing
harmful acids. The control of the outdoor storage of abandoned, junked
or discarded vehicles 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 intent of the owner shall be determined by the physical
condition of the vehicle; statements of the owner as to its abandonment;
the length of time since the vehicle has last been used on the highway;
whether the vehicle is currently licensed, registered or inspected;
and other relevant facts. With respect to a vehicle not required to
be licensed or a vehicle not usually used on public highways, the
intent of the owner shall be determined by the physical condition
of the motor vehicle, the length of time since it was last used for
the purpose intended; any statement as to its abandonment by the owner
and other relevant facts.
The Code Enforcement Officer(s) whose powers and duties are
within or include the Village of Malone.
Any person registered by the State of New York Department
of Motor Vehicles to repair motor vehicles or any part thereof.
Any person registered by the State of New York Department
of Motor Vehicles as a dealer as defined by Section 415 of the Vehicle
and Traffic Law of the State of New York, as amended.
Any vehicle(s) which the owner thereof, as established by
the surrounding circumstances, relinquishes ownership and possession
of and any vehicle(s) the owner of which cannot be found after due
and reasonable inquiry.
A completely enclosed privacy-type structure or fence constructed
of wood, metal or masonry, which shall be six feet in height and of
such construction and type that an ordinary person of ordinary height
and eyesight cannot see into the enclosure. Such enclosure shall be
adequately maintained so as not to create an eyesore to the community.
Any vehicle which, for any reason, is incapable, without
repair, of being moved or propelled by application of internal power,
if it is a vehicle originally designed to be propelled by internal
power, or is incapable, without repair, of being drawn or towed, if
it is a vehicle originally designed to be towed or drawn behind an
internally powered vehicle, and, as adjudged by the standards of an
ordinary reasonable man, is unsightly in appearance because of the
existence of one or more conditions, such as but not limited to the
following: deterioration by rust of the body; deterioration of the
exterior finish of the vehicle; broken windows, absence of component
parts of the vehicle (such as fenders, panels, doors, bumpers, headlights,
hood, trunk door, tires, wheels, grill, roof or tailgate); physical
damage (such as dents, cracks, scraps or holes) to component parts
of the vehicle; and absence of interior components (such as seats,
dashboard or interior door moldings), or is incapable of being moved
or propelled, drawn or towed without repair as provided for hereinabove
and has remained situate on any real property for a period in excess
of 30 days.
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
The legal owner, contract purchaser, tenant, lessee, occupant,
subtenant, trustee, bailee, receiver or assignee of premises of real
property located within the Village of Malone.
The person having the property and/or title to a vehicle,
including a person entitled to the use and possession of a vehicle
subject to a security interest of another person, and also including
any lessee or bailee of a vehicle having the use thereof under lease
or otherwise.
An individual, firm, partnership, association, corporation,
company or organization.
Determination by whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
Any vehicle which may be licensed or registered for operation
on public highways and which has not been licensed and/or registered
during the preceding six months, with the exception of those vehicles
in the possession of a dealer, or is not currently licensed and/or
registered and not in a condition for legal use on the public highways.
A vehicle which is a condition to receive a current New York State
motor vehicle inspection sticker shall be deemed to be in a condition
for legal use on the public highways.
Any means of transport or conveyance operated, driven, drawn
or capable and intended to be operated, drawn or driven upon a public
highway by a power other than muscular power. A vehicle shall include
but not be limited to automobiles, motorcycles, motorbikes, buses,
all types of trailers, including trailers used for storage, trucks,
tractors, mobile homes, other than those legally in use in an authorized
mobile home park, recreational vehicles, snowmobiles, all-terrain
vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
All areas within the Village of Malone, both publicly and
privately owned.
Any person licensed to operate a tow truck as defined by
Section 148(b) of the Vehicle and Traffic Law of the state of New
York, as amended.
It shall be unlawful for any person, firm or corporation, either as a private property owner, vehicle owner, occupant, lessee, agent, tenant or otherwise, to openly store or deposit or cause or permit to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle or vehicles or parts or pieces thereof on any private property within the Village of Malone, except as permitted by this chapter, unless such vehicle or part or piece thereof is stored or deposited in a completely enclosed building or such vehicle or part or piece thereof is under repair, reconstruction or refurbishing pursuant to this § 70-3 by the owner thereof, who must actually be residing upon the premises where such repair, reconstruction or refurbishing is being done. Such vehicle or part or piece thereof must be maintained and protected so as not to create a safety hazard or nuisance to surrounding property owners. Written applications to permit said repair, reconstruction or refurbishing shall be made to the Code Enforcement Officer on forms provided. The Code Enforcement Officer, upon approving the application, shall issue a permit. Said permit shall be valid for 30 days from its date of issue and shall not be renewed. Only one permit shall be issued to an owner of any motor vehicle and/or the owner of any private property in any twelve-month period of time. Upon the filing of an application for a permit under the provisions of this subsection, a filing fee as set from time to time by resolution of the Board of Trustees shall be payable. The Code Enforcement Officer shall maintain a permanent record of all matters considered and all action taken by him or her under this chapter.
The Village of Malone Code Enforcement Officer shall have the
right to enter and inspect, at any reasonable hour, any premises on
which vehicle(s) are openly stored and to inspect such vehicle(s)
to determine if the same are a hazard to the health and welfare of
the community. This right of entry shall not be limited in any way
by the existence or lack of existence of a request, authorization
or other consent or approval of entry for inspection.
After the Code Enforcement Officer has determined that an abandoned,
junked or unlicensed vehicle(s) or discarded parts thereof is openly
stored or deposited on a parcel of property in violation of this chapter,
he shall give written notice, by personal service or by registered
or certified mail, on the owner of the abandoned, junked, discarded
or unregistered vehicle(s) or discarded parts thereof or on the owner
of any private property on which the vehicle(s) is openly stored.
Such notice shall direct the person so served, regardless of the ownership
of the vehicle(s) if the property owned or tenant is served, to terminate
the open storage of such vehicle(s) within the Village within 10 days
of receipt of said notice.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 70-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Village of Malone Justice Court, or any other court of competent jurisdiction, at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Court and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections are believed to
be violated, the Code Enforcement Officer(s) may serve a written notice,
either personally or by registered or certified mail, upon the owner,
occupant or person having charge of such private property to comply
with the requirements of this chapter. The Code Enforcement Officer
may determine ownership of any parcel of land in the Village of Malone
from the current assessment roll of the Village and may service written
notice upon the owner thereof by mailing such notice to the owner
at the address listed on the current assessment roll. If the Code
Enforcement Officer is unable to determine the ownership or address
of the owner of said private property, such notification may be made
by publishing the same in the official newspaper of the Village for
two consecutive weeks. The notice shall be in substantially the following
form: "To the owner, occupant or person having charge of land within
the Village of Malone briefly described as follows: (Here describe
the subject property.) "Notice is hereby given that an abandoned,
junked, discarded or unlicensed vehicle is stored or deposited on
the above described property in the Village of Malone. This vehicle
must be removed therefrom within 10 days from the date of this notice;
provided, however, that if this notice is served on you by publication,
said vehicle shall be removed within 24 days from the first publication
date of this notice. "If such vehicle is not removed on or before
the expiration of said 10 days from the date hereof or on or before
the expiration of said 24 days from the date of this notice in the
event that it is served upon you by publication, you are hereby summoned
to appear before the Board of Trustees of the Village of Malone, New
York at _____, on the _____ day of _____ at which time a hearing will
be held to determine why the Village of Malone, acting through its
duly authorized agents, servants, officers and employees, should not
enter upon said property and remove and cause said vehicle to be destroyed.
In the event that the Board of Trustees directs that said vehicle
be removed and destroyed, the expense incurred by the Village of Malone
shall be assessed against said property and shall constitute a lien
thereon and be collected in the manner provided by law. "Dated:" "Code
Enforcement Officer, Village of Malone."
There shall be a presumption that a person who has received the notice prescribed by § 70-7 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle described in said notice.
A.
A wrecker or commercial garage may store abandoned, junked or unlicensed
vehicle(s) or part thereof on any one site within the Village of Malone,
provided that such storage is confined by an enclosure and such vehicle(s)
may not be stored for more than 30 days and, provided further that
the business operation of the wrecker or commercial garage is permitted
by all applicable zoning laws or regulations, including rights under
any nonconforming uses and including any limitations, restrictions
or conditions established according to law by the Board of Trustees,
the Zoning Board of Appeals, the Village Planning Board or any court
of competent jurisdiction, and provided that the vehicle(s) is not
stored at any time on a public highway right-of-way.
B.
Where a repair settlement is pending in good faith, the foregoing
time periods shall not start to run until a repair settlement has
been made, but in no event to exceed 60 days from the date said vehicle(s)
is (are) first stored upon the premises.
C.
In the event that any abandoned, junked or unlicensed vehicle or part thereof is stored at any wrecker or commercial garage and such wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, county or local government agency or body, the thirty-day period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
A violation of this chapter shall be punishable by a fine of
at least $50 and not more than $250 per violation or by imprisonment
for up to 15 days, or both. A violation of this chapter shall also
subject the violator to a civil penalty of the greater of $100 per
separate violation or the Village's costs of inspection, service
of notice, removal, towing and permanently disposing of such vehicle,
less any criminal monetary fine which may have been imposed. Each
abandoned, junked, discarded or unregistered vehicle stored in violation
of this chapter shall constitute a separate violation. Each day that
such separate violation shall continue or be carried on shall constitute an additional, separate violation, for which the Court may
impose an additional fine and continuing fine until the vehicle(s)
is (are) removed or enclosed.
This chapter has been enacted to supplement and to be read in
conjunction with Section 1224 of the Vehicle and Traffic Law of the
State of New York, as amended.
