[HISTORY: Adopted by the Board of Trustees of the Village
of Red Hook 8-2-1965. Amendments noted where applicable.]
The seriousness of the matter of outdoor storage of abandoned,
junked, discarded and unlicensed motor vehicles upon privately owned
properties within the Village has increased with the passage of time.
It is a source of vexation and annoyance, not only to the members
of the traveling public, but to the owners and occupants of adjoining
lands. The outdoor storage of such vehicles upon private lands is
unsightly. It constitutes an attractive nuisance to children and a
peril to their safety in case of fire and explosion whenever gasoline
is left in the fuel tanks of such vehicles. It depreciates the value
of neighboring properties. The preservation of peace and good order,
the suppression of vice, the benefit of trade, the preservation of
public health, the protection of property and the prevention and extinguishment
of fires and explosions compels the Board of Trustees of the Village
of Red Hook, New York, to legislate upon this subject matter. It is
hereby declared that the adoption of this chapter has for its purpose
the effective termination of such an obnoxious practice.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store,
deposit or cause or permit to be stored or deposited, an abandoned,
junked, discarded or unlicensed motor vehicle, which will not meet
the requirements of the State of New York for licensing upon any private
land, upon the surface of such land, within the corporate limits of
the Village of Red Hook, New York.
If the provisions of the foregoing section are violated, the
Village Clerk shall serve written notice, either personally or by
mail, upon the owner, occupant or person having charge of such land
to comply with the provisions of the chapter. The notice shall be
substantially in the following form:
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To the owner, occupant or person having charge of land within
the Village boundaries of the Village of Red Hook, New York.
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Notice is hereby given that an abandoned, junked, discarded
and unlicensed motor vehicle has been found stored or deposited upon
the above-described property in the Village of Red Hook, New York.
This automobile must be removed within five days from the date of
this notice.
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In case you fail or refuse to comply with this notice on or
before the expiration of the five days from the date of this notice,
the Village of Red Hook, acting through its duly authorized agents,
servants, officers and employees, will enter upon your land and remove
and cause the same to be destroyed. The expense incurred the Village
will be assessed against the above-described land and shall constitute
a lien thereon and be collected as provided by law.
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Dated
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Village Clerk
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[Amended 1-20-1999 by L.L. No. 1-1999]
Any owner, occupant, lessee, agent or tenant who shall refuse
to remove said abandoned, junked, discarded and unlicensed motor vehicle,
as directed by this chapter; or shall fail or refuse to comply with
the provisions of any notice herein provide for; or who shall violate
any of the provisions of this chapter; or who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Village of Red Hook in the removal or destruction thereof shall, upon
conviction thereof, be punishable by a fine of not more than $250
or imprisonment for not more than 15 days, or both. Each day of continuance
of an offense shall be considered a separate offense.
This chapter shall take effect immediately upon due publication
and posting thereof, but such chapter shall take effect from the date
of its service as against a person served personally with a copy thereof,
certified by the Village Clerk, under the corporate seal of the Village,
and showing the date of passage and entry in the minutes. However,
the penalties under this chapter shall not take effect until six months
from the date against those residents who now have unlicensed or junk
cars on their property or in their possession.
It is specifically understood that this chapter does not affect
duly licensed businesses dealing in junk or junked automobiles.
