[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 12-27-1971 (Ch. 46 of the
1971 Code). Amendments noted where applicable.]
Pursuant to the authority conferred by Article 2 of the Municipal
Home Rule Law of the State of New York, and for each and every purpose
specified therein, the Village Board of the Village of Boonville,
County of Oneida, and State of New York, has ordained and does hereby
enact the following chapter regulating and restricting the use and
disposal of abandoned automobiles within the said Village.
This chapter shall be known and cited as the "Junk Car Disposal
Law of the Village of Boonville, New York."
This chapter is enacted in recognition of the fact that junk
cars abandoned or stored on private property can constitute both a
public and a private nuisance. Such vehicles constitute a potential
danger to children and also are generally unsightly. Their existence
depreciates not only the property on which they are located, but also
the property of other persons in the neighborhood and Village generally.
The continued existence of such abandoned junk automobiles makes the
Village a less safe and less pleasant place in which to live and to
do business. It detracts from a clean, wholesome and attractive environment
and is injurious to the welfare of the Village as a whole. The intent
of this chapter is to establish a legal procedure for the removal
of these junk cars where they are found in the Village outside of
duly licensed establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
The intent of the owner of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by the physical condition of the
motor vehicle, any statements as to its abandonment, the length of
time since the motor vehicle was last used on the public highways,
whether the motor vehicle is currently licensed and other relevant
facts. With respect to a motor vehicle not required to be licensed
or a motor 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 statements as to its abandonment and other relevant
facts.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of, or any motor vehicle the owner of which cannot be found after
due and reasonable inquiry.
The Code Enforcement Officer of the Village, unless the Village
Board by resolution designates some other Village officer as Enforcement
Officer, or by resolution establishes the position of Enforcement
Officer for the Village and appoints some qualified person thereto
at a salary specified in such resolution.
Any motor vehicle, whether automobile, bus, truck, trailer,
tractor, mobile home, or any other vehicle originally intended for
travel on public highways, which is abandoned, stored, left, discarded
or located by its owner or any other person, or is permitted or condoned
to be abandoned, stored, left or located by its owner, or any other
person, on private premises in the Village of Boonville, and outside
any establishment duly licensed by the Village, and which junk car
is unregistered by the State of New York or any other state and is
not operable. The use of the term in the singular herein is intended,
where applicable, to include the plural.
A person, firm or corporation having the property in, or
title to, a motor 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 motor vehicle
having the use thereof under lease or otherwise.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Village of Boonville.
Any individual person or persons, firm, partnership, corporation,
association or other entity owning real property in the Village of
Boonville.
Includes all parcels of real property privately owned, situated
in the Village of Boonville.
Any motor vehicle which may be licensed or registered with
the State of New York and is not currently licensed or registered.
The fact that a motor vehicle which may be licensed or registered
with the State of New York does not display a current license plate,
or displays an expired license plate, shall be presumptive evidence
of the fact that such motor vehicle is not currently licensed or registered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant, or otherwise, of property
within the Village of Boonville, to store or deposit, or cause or
permit to be stored or deposited, more than one abandoned, junked
or discarded motor vehicle, or part or piece thereof, on any private
property within the Village of Boonville, unless:
B.
It shall also be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant, or otherwise, of any private
property within the Village of Boonville, to store, deposit, or cause
or permit to be stored or deposited thereon, more than one unlicensed
motor vehicle, unless such motor vehicle is the inventory of a new
or used motor vehicle dealer located in compliance with the ordinances
and local laws of the Village of Boonville.
A.
Any junk car, as defined by § 366-4 hereinabove, may be removed from the premises on which it is located by the Village of Boonville in the manner hereinafter provided.
B.
The Enforcement Officer, upon detecting a junk car, shall serve written
notice on the person owning the premises on which the same is located
ordering such person to remove the same or cause the same to be removed
therefrom within 30 days of the date of said service. Such notice
shall also contain a description of the premises, a statement as to
the location thereon of the junk car, reference to this chapter and
to the fact that the location of the junk car on such premises is
in violation of this chapter. If such premises are owned by more than
one person, personal service on any one of such owners shall suffice;
however, as to any owner not personally served with such notice, if
no owner can be located upon whom to make personal service, the Enforcement
Officer shall mail such said notice to owners not personally served,
or to the owner and all the owners, if no owner was personally served,
by registered mail, to his or their last known address as shown on
the latest completed assessment roll of the Village. In addition,
such Enforcement Officer shall post conspicuously a copy of such notice
on the premises upon which such junk car is located.
C.
At the expiration of 30 days after the service or mailing and posting
of such notice, if such junk car has not been removed, the Enforcement
Officer shall report such fact to the Village Board, in writing. Such
report shall recite the violations, the notices given, as required
hereunder, the failure to comply therewith, and may include and refer
to photographs of such junk car and of the premises upon which it
is located. Such report shall be entered in the official minutes of
the Village Board by the Village Clerk, and any such photographs shall
be filed in the Village Clerk's office. The Village Board thereafter
shall hold a public hearing with at least 10 days' prior notice
published in the official newspaper of the Village, if there be one;
otherwise in a newspaper having general circulation in the town, and
posted on the signboard of the Village maintained pursuant to the
Village Law. Such notice of hearing shall include a statement that
the purposes of the hearing are to give the person owning such junk
car an opportunity to be heard as to why the same has not been removed
and also for the Village Board to receive proposals for the removal
of such junk car.
D.
After the hearing, the Village Board may contract for the removal
of such junk car. Any expense to the Village in instituting proceedings
under this chapter and in accomplishing such removal may be assessed
by the Village Board against the real property from which such junk
car was removed, and the expense so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged as other Village charges.
A.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $250 for each
violation. In addition, each violation of this chapter shall constitute
disorderly conduct, and each person violating the same shall be a
disorderly person. Each day that a violation or failure to comply
with any provision of this chapter or any regulation promulgated hereunder
by the Board of Trustees occurs shall constitute a separate and distinct
violation.
B.
Any person, firm or corporation who shall resist or obstruct the
duly authorized agents, servants, officers and employees of the Village
of Boonville in the removal and destruction of a motor vehicle by
order of the Village Board shall be subject to the fines and penalties
provided herein. Each day's continued violation shall constitute
a separate and additional offense. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter,
or any provision or part thereof, shall be deemed offenses, and for
such purposes only, all provisions of law relating to offenses shall
apply to such violation.
