The outdoor storage of abandoned, junked, and discarded motor
vehicles upon public and private property within the City of Fulton,
except in a permitted and orderly manner, constitutes a blight upon
the City of Fulton and presents a peril to public health and safety
in that they are replete with dangerous materials, including broken
glass, sharp and torn metals, gasoline and other hazardous materials,
are an attractive nuisance to children, and tend to depreciate not
only the property on which they reside, but also other properties
in the neighborhood and within the City of Fulton generally. Accordingly,
the Common Council hereby finds that the outdoor storage of such vehicles
is detrimental to the general welfare of the City of Fulton, its residents
and the community at large and, thus, constitutes a public nuisance
requiring regulation and enforcement by the City.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
Any motor vehicle which:
A.
Has a wholesale value of $1,250 or less; and
B.
Is more than 10 model years old; and
C.
Has been abandoned for at least one month.
DISCARDED
Any motor vehicle which, under the totality of the circumstances,
appears to have been disposed of as useless, no longer of service
or rejected by the true owner. Criteria used in making such a determination
may include, but are not limited to, the circumstances under which
a vehicle is situate upon the property in question, the concealment
of valid identification of the vehicle such as the removal, obliteration,
alteration or removal of the vehicle identification number, whether
useful and valuable parts of the vehicle have been removed, and whether
the remaining parts of the vehicle are of significant value.
JUNKED
Any motor vehicle, or used parts or waste materials from
motor vehicles which, taken together, equal in bulk one or more such
vehicle, which is:
A.
Unregistered for a period of 10 or more consecutive days;
B.
Uninsured for a period of 10 or more consecutive days;
C.
No longer intended or in condition for legal use on the public
highways;
D.
The cost to repair the vehicle in order to enable said vehicle
to pass the New York State inspection laws for motor vehicles exceeds
the fair market value of said vehicle; or
MOTOR VEHICLE
Every vehicle which may be operated or driven upon a public
highway which is propelled by any power other than muscular power,
including, but not limited to, an automobile, bus, trailer, tractor,
motor home, motorcycle, and minibicycle. This term shall also include
an all-terrain vehicle and snowmobile.
OWNER OF MOTOR VEHICLE
A person, other than a lienholder, having possession of or
title to a motor vehicle. The term includes a person entitled to the
use and possession of a motor vehicle subject to a security interest
in another person and also includes any lessee or bailee of a motor
vehicle, having the exclusive use thereof, under a lease or otherwise,
for a period of greater than 30 days.
PERSON
An individual, partnership, association, corporation, or
entity of any other kind.
PRIVATE PROPERTY
Any real property situate in the City of Fulton which is
not public property as defined herein.
PUBLIC PROPERTY
Any real property in which the City of Fulton, County of
Oswego, State of New York or United States of America has any form
of legal interest therein, including, but not limited to, fee simple
ownership, recorded easements, unrecorded easements, easements by
prescription, licenses or any interest acquired by adverse possession.
UNINSURED
A vehicle not insured in accordance with Article 6 of the
New York State Vehicle and Traffic Law.
UNREGISTERED
A vehicle not registered in accordance with Article 14 of
the New York State Vehicle and Traffic Law, or a vehicle registration
which, though proper and current, has been suspended or revoked by
the New York State Department of Motor Vehicles.
In any district, the following regulations shall apply:
A. Any vehicle having a maximum gross weight of more than 18,000 pounds,
motor vehicles used for drag or stock car racing, and an abandoned
or junked vehicle must be parked in a completely enclosed structure,
such as a garage or barn.
B. Exceptions to these parking location regulations may be granted upon the issuance of a special permit pursuant to §
601-6 of this chapter.
The Code Enforcement Bureau Chief and/or their designee of the
City of Fulton is hereby declared to be the enforcement officer of
this chapter.
If a person served with a notice pursuant to §
601-8E of this chapter shall timely request a hearing, the Code Enforcement Bureau Chief or his/her designee shall hold the same within 30 days of the receipt of the request therefor and shall hear said person and all other persons interested concerning the removal of the discarded or junked motor vehicle(s) therefrom and the applicability of this chapter to the facts and circumstances presented. If the Code Enforcement Bureau Chief or his/her designee shall determine that the motor vehicle(s) in question meet the definition of "discarded" or "junked" as provided by this chapter, and that the motor vehicle(s) are being stored on private property in violation of this chapter, the person(s) served with the notice shall be ordered to remove the same within 15 days of such determination. If the person(s) served with the notice shall fail to remove the motor vehicle(s) in question within 15 days of such determination, the City and/or its authorized agents or employees shall be authorized to enter onto the property to remove the same pursuant to §
601-11B of this chapter.
Any person who shall refuse or fail to comply with the demand
contained in the notice of violation and who shall refuse and neglect
to remove the abandoned, discarded or junked motor vehicle as directed
by this chapter, or who shall otherwise violate the provisions of
such chapter, or who shall resist or obstruct the agents of the City
from removing said vehicle, shall be deemed guilty of a violation
and subject to a fine:
A. For a first offense, not less than $50 and not to exceed $100 and/or
imprisonment not to exceed 15 days per day for each day that said
violation of this chapter continues.
B. For a second offense, not less than $100 and not to exceed $250 and/or
imprisonment not to exceed 15 days per day for each day that said
violation of this chapter continues.
C. For a third or subsequent offense, not less than $250 and not to
exceed $500 and/or imprisonment not to exceed 15 days per day for
each day that said violation of this chapter continues.
No officer, agent or employee of the City of Fulton shall render
himself or herself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his or her duties under this chapter.
Subject to and in conformity with the provisions set forth herein,
the Code Enforcement Bureau Chief and/or their designee may enact,
amend and repeal rules and regulations in order to properly carry
out the provisions of this chapter. Any such rules and regulations
shall be recorded and filed with the office of the Code Enforcement
Bureau Chief and the Clerk/Chamberlain.