[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 5-25-1998 by L.L.
No. 1-1998 (Ch. 129, Art. II, of the 2016 Code).
Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unlicensed
vehicles on privately owned property within the Village of Bloomfield
is detrimental to the health, safety and general welfare of the community
and constitutes a detriment to a clean, wholesome, safe and attractive
environment that is important to the community. The storage of such
vehicles endangers the person and property of members of the community
and constitutes a potential nuisance to the children of the community.
The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum
fumes and constitute an ever-present danger of explosion. The abandoned
or junk vehicles often contain broken glass and sharp metal edges
and usually are stored or abandoned with batteries containing harmful
acids. The control of the outdoor storage of abandoned or junk vehicles
on privately owned property in the Village of Bloomfield is, therefore,
regulated for the preservation of the health, safety and general welfare
of the community.
For the purposes of this chapter, the terms used herein are
defined as follows:
The intent of the owner of a vehicle not to use it on the
public highways or as a conveyance in the manner for which said vehicle
was originally designed shall establish it as abandoned. The intent
of the owner shall be determined by the physical condition of the
vehicle, any statements as to its abandonment, the length of time
since the vehicle was last used, whether the vehicle is currently
licensed and other relevant factors.
Any vehicle which the owner thereof as established by the
surrounding circumstances, does not intend to recover the possession
of, or any vehicle of which the owner cannot be found after due and
reasonable inquiry.
Any vehicle in such condition as to cost more to repair and
place the same in operating condition than the reasonable market value
before such repair.
Any person, firm, corporation or association 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 including any lessee or bailee of a vehicle having the
use thereof under lease or otherwise.
All parcels of real property privately owned, situated in
the Village of Bloomfield, whether occupied or vacant.
Any vehicle which may be licensed or registered with the
State of New York and is currently not registered. The fact that a
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. Seasonal motor
vehicles having a license plate that expired less than six months
previously shall not be considered unlicensed.
Every motor vehicle or other conveyance originally designed
and intended to be operated, drawn or driven or capable of being operated,
drawn or driven upon a public highway by any power other than muscular
power, together with all conveyances popularly referred to as "snowmobiles,"
"all terrain-vehicles," and "jitneys," as well as any other substantially
rebuilt, modified or altered motor vehicles. For the purpose of this
chapter, the term "motor vehicle" shall include but not be limited
to automobiles, trucks, buses, motorcycles, and trailers. Vehicles
operated solely for farming purposes are excluded from this chapter.
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 Bloomfield to store or deposit, or cause or
permit to be stored or deposited, an abandoned, junk or discarded
vehicle or part or piece thereof on any private property within the
Village of Bloomfield, unless:
A.
Such vehicle is stored or deposited in a completely enclosed building;
B.
Such vehicle is under repair, reconstruction or refurbishing by the
owner thereof who must actually be residing upon said premises. Such
vehicle must be so maintained and protected so as not to create any
safety hazard or nuisance to surrounding property owners and shall
not remain on premises for more than six months; or
Any vehicle that is abandoned, junk, discarded or unlicensed
vehicle, as defined in this chapter, may be removed from the premises
on which it is located by the Village of Bloomfield in the manner
hereinafter provided.
A.
The Code Enforcement Officer (CEO) upon detecting an abandoned, junk,
discarded or unlicensed vehicle, 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 10 days of the date of such service or file a written notification
that the vehicle has been abandoned on his property by another. Such
notice shall also contain a description of the premises, a statement
as to the location thereon of the vehicle, reference to this chapter
and to the fact that the location of such vehicle on such premises
is in violation to 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 or if no owner can be located upon whom to make personal service,
the CEO shall mail such notice to owners not personally served or
to the owner and to all the owners if no owner was personally served
by registered mail to their of his last known address as shown on
the latest completed assessment roll of the Village of Bloomfield.
In addition, such CEO shall post conspicuously a copy of such notice
on the premises upon which such vehicle is located.
B.
At the expiration of 10 days after the service or mailing and posting
of such notice, if such abandoned, junk or discarded or unlicensed
vehicle has not been removed or if the property owner has not, in
writing, informed the CEO that the vehicle was abandoned on his property
by another, the CEO shall report such fact to the Village Board of
Trustees, in writing. Such report shall recite the violation, the
notices given as required hereunder and the failure to comply therewith,
and may include or refer to photographs of such vehicle and of the
premises upon which it is located. Such report shall be entered into
the official minutes of the Village of Bloomfield Board of Trustees
by the Village Clerk/Treasurer and any such photographs shall be filed
in the Village Clerk/Treasurer's Office. The Village Board of Trustees
shall thereafter hold a public hearing on 10 days' prior notice published
in the official newspaper of the Village and posted on the signboard
of the Village. Such notice of hearing shall include a statement that
the purposes of the hearing are to give the property owner where the
vehicle is located and the person owning such vehicle an opportunity
to be heard as to why the same has not been removed and also for the
Village Board of Trustees to receive proposals for the removal of
such vehicle.
C.
After the hearing, the Village Board of Trustees may contract for
the removal of such abandoned, junk, discarded or unlicensed vehicle.
Any expense to the Village in accomplishing such removal may be assessed
by the Village Board of Trustees on the real property from which such
vehicle 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.
D.
Upon notification from the property owner within the ten-day period
that the abandoned, junk, discarded or unlicensed vehicle was abandoned
on his property by another, the CEO shall make an inquiry in an attempt
to identify the last registered owner of the vehicle so that said
owner can be joined in all subsequent proceedings, as set forth herein:
E.
Following identification of the last owner of the vehicle, the CEO shall report, in writing, to the Village Board of Trustees, describing the location of the vehicle, along with information identifying the last registered owner, who shall be sent a written notice as set forth in § 129-4A hereinabove, by certified mail, to his last known postal address.
F.
The Village Board of Trustees shall hereafter hold a public hearing
on 10 days' prior notice published in the official newspaper and posted
on the signboard maintained by the Village. Such notice of hearing
shall include a statement that the purposes of the hearing are to
give the person identified as the last registered owner, as well as
the property owner where the vehicle is located, an opportunity to
be heard as to why they should not be charged directly, or as a lien
and charge against the property, for the removal of said vehicle and
also for the Board of Trustees to receive proposals for the removal
of such vehicle.
G.
If the CEO has received proper notification from the property owner within the ten-day period set forth in Subsection A hereinabove that the vehicle was abandoned on his property by another and has been unable to identify the last registered owner, the cost of removal of the vehicle shall become a charge against the property owner, as set forth in Subsection C hereinabove.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of § 129-3 shall be deemed an offense, and a person violating such section shall, upon conviction, be subject to penalties up to $250 per day or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day's continued offense shall constitute a separate violation. This penalty shall be in addition to any costs of removal of a vehicle.
