[HISTORY: Adopted by the Board of Trustees of the Village
of Williamsville 4-14-2014 by L.L.
No. 2-2014. Amendments noted where applicable.]
The outdoor storage of abandoned vehicles within the Village,
other than within licensed junkyards, is detrimental to the health,
safety and general welfare of the community. It also constitutes an
attractive nuisance to children and in many ways imperils their safety;
endangers persons and property since fuel tanks containing gasoline
or gasoline fumes may easily explode; is unsightly and depreciates
property values; and provides nesting places for rats, mice and other
rodents. The control of the outdoor storage of abandoned and unlicensed
motor vehicles, other than within licensed junkyards, within the Village
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:
Includes abandon(ed), discard(ed) and junk(ed).
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer’s specifications
and appearance.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored, or will be maintained
in or restored, to a condition which is substantially in conformity
with the manufacturer’s specifications and appearance.
Includes the legal owner, contract purchaser in possession,
tenant, lessee, occupant, undertenant, receiver, assignee or trustee
of premises or property located within the Village of Williamsville.
Person having the property in or title to a vehicle, including
a person entitled to the use and possession of a vehicle subject to
a security interest in another person and also including any lessee
or bailee of a vehicle having the use thereof under lease or otherwise.
Includes a natural person, partnership and corporation.
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
The area within the Village of Williamsville.
A vehicle shall be deemed to be an abandoned vehicle if left
unattended:
A.
With no
then-valid numbered registration plates affixed thereto, for more
than six hours on any highway or in any other public place.
B.
For more
than 24 hours on any highway or in any other public place, except
a portion of a highway or public place on which parking is legally
permitted.
C.
For more
than 48 hours after the parking of such vehicle shall have become
illegal, if left on a portion of a highway or public place on which
parking is legally permitted.
D.
For more
than seven days on property of another, if left without permission
of the owner.
A.
It shall
be unlawful for any person to cause any vehicle to be abandoned on
any highway or any other public place.
B.
It shall
be unlawful for any person to cause any vehicle to be abandoned on
any private property of which he is not the owner.
C.
It shall
be unlawful for any owner of private property to cause or allow any
vehicle to be abandoned or stored or kept without valid, numbered
registration plates affixed thereto on his private property. The provisions
of the foregoing sentence shall not apply to:
(1)
Vehicles
on private property licensed as junkyards.
(2)
Vehicles
kept or stored within a completely enclosed building.
(3)
Vehicles
kept or stored for sale without dismantling in connection with a properly
zoned motor vehicle sales business.
(4)
A motor
home or other vehicle designed and used primarily for recreation purposes.
This exception shall not apply to more than one such vehicle per parcel
of property.
D.
A violation
of this section shall be punishable by a fine not exceeding $100.
Any vehicle abandoned in violation of this chapter may be removed
and stored by the Police Department or other agency authorized by
the Village Board.
If an abandoned vehicle, as hereinbefore defined, at the time
of abandonment has no numbered plates affixed and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$100 or less, such value to be established by a person to be designated
by the Village Code Enforcement Officer for such purpose, title shall
immediately vest in the Village of Williamsville.
A.
Except for vehicles governed by § 102-6 above, the Building Department of the Village shall make an inquiry concerning the last registered owner of such vehicle as follows:
B.
The Building Department shall notify the last registered owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after five days from the date such notice was mailed. If the agency described in Subsection A also notifies such Building Department that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such.
C.
Title to
such abandoned vehicles, if unclaimed, shall vest in the Village of
Williamsville five days from the date such notice is mailed or, if
the last registered owner cannot be ascertained, when notice of such
fact is received.
A.
Abandoned
vehicles, title to which has vested in the Village of Williamsville,
shall be sold by the Code Enforcement Officer at public auction. The
time and place of auctions and rules pertaining to the holding thereof
shall be determined by the Code Enforcement Officer. He shall publish
a notice in the Village’s official newspaper of each auction
at least five days prior to the date thereof.
B.
The last
registered owner of an abandoned vehicle shall be presumed to be the
owner and liable to the Village of Williamsville for the costs of
removal, storage and disposition of such vehicle unless he shall present
proof of present ownership in another person.
C.
Any proceeds
from the sale of an abandoned vehicle, less any expenses incurred
by the Village of Williamsville, shall be held by the Village, without
interest, for the benefit of the owner of such vehicle for a period
of five years. If not claimed within such five-year period, such proceeds
shall be paid into the general fund of the Village.
An antique or classic motor vehicle that is in the process of
being restored may be kept out of doors upon the premises of the owner
of said vehicle for a period of 12 months to allow the restoration
to be completed, provided that the vehicle is stored behind the required
front yard on an adequately maintained surface in the side or rear
yard and is at least 10 feet from the property line, and provided
further that such vehicle or any component part thereof is covered
with a tarpaulin or custom cover made for vehicles or is otherwise
hidden from public view with proper screening.
