[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 11-21-1988 by L.L. No. 3-1988.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
160, Vehicles, Unregistered, adopted 1-15-1979 by L.L. No. 1-1979,
as amended.
The Board of Trustees of the Village of Cornwall-on-Hudson hereby
finds that the storage or presence of abandoned, junked or inoperative
motor vehicles on private property creates a public and private nuisance
and is harmful to the public health, safety and welfare. Such vehicles
present a source of serious injury, particularly to children, seriously
harm the aesthetic qualities of the village and tend to depreciate
the value of properties in the neighborhood and in the village. The
Board of Trustees finds that the problems can be diminished by permitting
the storage of such vehicles only within a garage or other enclosed
structure.
As used in this chapter, the following terms shall have the
meanings as indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law
of the State of New York, that is:
Unlicensed, old, wrecked, stored, discarded, dismantled or partly
dismantled and which is not intended or in any condition for legal
use upon the public highway;
Being held or used for the purposes of resale of used parts
therefrom or for purpose of reclaiming for use some or all of the
materials therein for the purpose of disposing of the same;
In such condition as to cost more to repair and place in operating
condition than its reasonable market value prior to such repair; or
Left unattended for more than 96 hours on property of another
if left without permission of the property owner.
With respect to any motor vehicle not required to be licensed
or not usually used on public highways, the fact that such motor vehicle
has remained unused for more than six months and is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is an "abandoned, junked or inoperative motor vehicle."
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 any condition for legal use upon
the highways.
The use of the term in the singular herein is intended, where
applicable, to include the plural.
Any officer of the Village of Cornwall-on-Hudson Police Department
or any person authorized to issue appearance tickets in the village
pursuant to the laws of the State of New York.
Any person, firm, partnership or corporation, whether business
membership, religious, charitable or otherwise, or any association
or any other unit or entity owning real property in the Village of
Cornwall-on-Hudson.
It shall be unlawful for any person within the village to store
or deposit or cause, suffer or permit to be stored or deposited any
abandoned, junked or inoperative motor vehicle or part or piece thereof
on any private property within the village, except within a garage
or other enclosed structure.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official within the village in violation of § 160-3 may be removed from the premises on which it is located in the following manner:
A.
Notice.
(1)
The enforcement official shall serve written notice, either by personal
service on the property owner, tenant or agent or by certified mailing,
to the owner of the private property on which the vehicle is located
and post a copy of such notice in a conspicuous place on the subject
property ordering such property owner to remove the vehicle or cause
the vehicle to be removed therefrom within five days after the date
of a hearing before the Board of Trustees. Such notice shall be mailed
at least five days prior to the hearing and shall state the date of
the hearing.
[Amended 7-21-1997 by L.L. No. 2-1997]
(2)
Such notice shall also state that:
(a)
Failure to remove the vehicle within the specified period shall
cause legal title to the vehicle to vest in the village and shall
grant to the village the legal right to enter upon the premises to
remove and dispose of said vehicle.
(b)
The expense of such removal and disposal shall be charged against
the property.
(3)
The enforcement official may determine the ownership and the address
of the owner of any parcel of land in the village from the current
assessment roll.
(4)
Following the aforesaid hearing before the Board of Trustees, the
Board may affirm, modify or rescind the enforcement official's
order.
B.
Removal. In the event that said abandoned, junked or inoperative
motor vehicle is not removed from the premises within five days subsequent
to the hearing, or said other time period as the Board may specify,
the village shall have the right to enter upon the premises and to
remove and dispose of said vehicle. The expense of such removal and
disposal shall be a lawful charge against the owner of the private
property and may be collected pursuant to Village Law § 4-414
or, if necessary, in a civil action instituted in the name of the
village.
[Amended 7-21-1997 by L.L. No. 2-1997]
C.
Acquisition of title to vehicle by village.
(1)
If a vehicle which is declared abandoned by the enforcement official has no current registration or license plate and is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, title to such vehicle shall vest in the village 10 days subsequent to the public hearing provided for in § 160-4A. Such determination as to wholesale value shall be made by the enforcement official.
(2)
For vehicles other than those governed by Subsection (1) above, the village shall notify the last owner of the vehicle and any lienholders thereon that the village has commenced procedures to acquire title to the vehicle, and if such vehicle is not claimed and removed from the property within 10 days subsequent to the aforesaid public hearing, title to such vehicle shall vest in the village.
A.
In addition to any expenses which may be collected pursuant to § 160-4B, any person committing an offense against this chapter shall be subject to the jurisdiction of the local justice court and shall be liable for civil penalties not exceeding $250. Each day such offense continues shall constitute a separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided procedures
and penalties, the Board of Trustees may maintain an action or proceeding
in the name of the village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.
