As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
A.
Any motor vehicle, as defined in the Vehicle and Traffic Law
of the State of New York, that is:
(1)
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.
(2)
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.
(3)
In such condition as to cost more to repair and place in operating
condition than its reasonable market value at that time before such
repair.
B.
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.
C.
The fact that a motor vehicle may be licensed or registered
with the State of New York but does not display a current license
plate shall be presumptive evidence that such motor vehicle is unlicensed.
D.
The use of the term in the singular herein is intended, where
applicable, to include the plural.
OWNER OF PRIVATE PROPERTY
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Village of Bath.
It shall be unlawful for any person within the Village of Bath
to store or deposit or cause, suffer or permit to be stored or deposited
an 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 to be located within the Village in violation of §
110-2 may be removed from the premises on which located in the following manner:
A. The enforcement official shall serve written notice by certified
mail, return receipt requested, on the owner of the private property
on which the vehicle is located, ordering such person to remove the
same or cause the same to be removed therefrom within 10 days of the
date of said service. The enforcement official may also place a distinctive
sticker on the vehicle identifying it as subject to removal. The enforcement
official may determine the ownership of any parcel of land in the
Village from the current assessment roll.
B. In the event said abandoned, junked or inoperative motor vehicle
or vehicles are not removed from the premises or located within the
time required in the notice, the Village shall have the right to enter
upon the premises and to remove and dispose of the abandoned, junked
or inoperative motor vehicle or vehicles. The expense of such removal
and disposal shall be a lawful charge against the owner of the private
property and may be collected, if necessary, in a civil action instituted
in the name of the Village.