[HISTORY: Adopted by the Common Council of
the City of Oswego 5-12-1980 as Ch. 66 of the 1980 Code; amended in
its entirety 10-28-2019 by L.L. No. 7-2019. Subsequent amendments
noted where applicable.]
The seriousness of the outdoor storage
of abandoned, junked, discarded and unlicensed motor vehicles upon
City property, City streets, and privately owned land within the City
of Oswego increases with each passing month. The outdoor storage of
such vehicles constitutes an attractive nuisance to children and a
peril to safety, depreciates neighborhoods and is unsightly for adjoining
property owners.
A.
JUNKED, ABANDONED OR DISCARDED MOTOR VEHICLE
As used in this chapter and throughout
the City Code, the following words shall have the meanings indicated:
Any automobile, motor vehicle, truck, or vehicle of any type,
as further defined in Article 1 of the Vehicle and Traffic Law, that
fits any of the following criteria: uninspected, unregistered, without
valid license plates or otherwise not in physical condition for use
on public thoroughfares. This shall also include any portion of said
motor vehicle, such as the trailer of a tractor trailer, or the rear
section of a multi-wheeled vehicle.
B.
Exceptions to this section will be granted
only to new- and used-car sales establishments duly licensed and approved
to do business in the City of Oswego and the State of New York and
at registered motor vehicle repair shops when such storage is temporary
in nature. For the purpose of this section, "temporary" shall mean
only that length of time that is absolutely necessary to perform the
automotive repairs causing the vehicle to be in such storage.
The storage or parking of any junked
motor vehicle, as defined by this chapter, is strictly prohibited
on any City street or vacant property owned by the City of Oswego.
When speaking of a City street in conjunction with this chapter, the
word "street" is not confined to the paved roadway but encompasses
all property owned and controlled by the City of Oswego from building
line to building line on any City street or thoroughfare.
The storage of any automobile, motor
vehicle, truck or vehicle of any type that qualifies as junked, abandoned
or discarded, under this chapter, on any private property within the
confines of the City of Oswego shall constitute a violation of this
chapter. Such junked or abandoned vehicles shall be stored in an enclosed
garage or placed in licensed junkyards that are licensed by the City
and designated for that purpose.
Upon complaint by a citizen or upon
a finding taken by a City official, formal written notice shall be
served upon the owner of the vehicle(s) involved or, in the case of
private property, upon the property owner, of any violation of this
chapter. Notice shall require the owner of the vehicle, or property
owner, to remedy the violation within 14 calendar days. Such service
shall be carried out by a representative of the City of Oswego, through
the Office of Code Enforcement or the City Police Department.
A.
If any property owner, occupant, lessee,
agent or tenant fails to remedy the violation within 14 calendar days,
it will result in the vehicle being removed by the City of Oswego
and the costs associated thereof shall be assessed against the owner
of the vehicle, in accordance with § 257-68 of the Vehicle and
Traffic Law of the City of Oswego. After the removal of any vehicle
as provided in this article, the vehicle shall be stored in a suitable
place at the expense of the owner. For the purpose of this section,
a "suitable place" shall be deemed to mean a properly fenced-in area
owned or maintained by the City or a privately owned fenced-in area
for which a towing company has provided a bond and evidence of insurance
in the minimum amount of $1,000,000 naming the City of Oswego as an
additional named insured on such policy. The Traffic Section shall
maintain a list of such suitable places. A storage charge shall be
$100 per day. Such charge shall be in addition to any fine payable
for violation of laws, ordinances, rules or regulations.
B.
Any property owner, occupant, lessee, agent
or tenant who shall refuse and neglect to remove the abandoned, junked,
discarded and unlicensed motor vehicle, as directed by this chapter,
or shall otherwise violate the provisions of this chapter, or who
shall resist or obstruct the agents of the City from removing the
vehicle(s) involved, shall be subject to a fine not to exceed $1,000
for each violation of this chapter.
This chapter shall take effect immediately
upon filing with the Secretary of State.
