The outdoor storage of abandoned, junked, discarded and unlicensed
motor vehicles and the sale of motor vehicles upon privately owned
properties within the Town of Esopus is dangerous, unsightly and a
detriment to the preservation of public health, the protection of
property and the safety and welfare of the residents of the Town of
Esopus. The outdoor storage of abandoned, junked, discarded and unlicensed
motor vehicles and the sale of motor vehicles upon privately owned
properties within the Town of Esopus constitutes an attractive nuisance
to children and a peril to their safety. Such storage constitutes
a threat to the safety and welfare of the residents of the Town of
Esopus since the fuel tanks frequently contain gasoline or gasoline
fumes and may be subject to explosion in case of fire. Such storage
depreciates the value of neighboring properties and is unsightly and
discourages the orderly, progressive development of the Town of Esopus.
The control of the outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles and the sale of motor vehicles upon
privately owned properties within the Town of Esopus is therefore
regulated for the preservation of the public health, safety and welfare
of the residents of the Town of Esopus.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED MOTOR VEHICLES
Any motor vehicle which the owner thereof does not intend
to use on the public highways. The intent of the owner of the motor
vehicle may 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 highway and whether the
motor vehicle is licensed or unlicensed and other relevant facts.
Any motor vehicle which is required by state law to be licensed and/or
registered, but which has not been licensed and/or registered for
more than 12 months, shall be presumed to be an abandoned motor vehicle.
With respect to motor vehicles not required to be licensed, or motor
vehicles not customarily used on the public highway, the intent of
the owner may be determined by the physical condition of the motor
vehicle, the length of time since it was last used for the purposes
intended, any statements as to its abandonment, and other relevant
facts.
DEALER
A person engaged in the business of buying, selling or dealing
in motor vehicles, motorcycles or trailers, including mobile home
trailers, at retail or wholesale. Any person who sells or offers for
sale more than five motor vehicles, motorcycles or trailers in a calendar
year or who displays or permits the display of two or more motor vehicles,
motorcycles or trailers for sale at any one time or within any one
calendar month upon the premises owned or controlled by him, if such
vehicles were purchased, acquired or otherwise obtained by such person
for the purpose of resale, will be regarded as a dealer.
DISCARDED MOTOR VEHICLES
Any motor vehicle which the owner thereof, as established
by surrounding circumstances, does not intend to recover possession
thereof or any motor vehicle to which ownership cannot be reasonably
determined with due inquiry.
JUNKED MOTOR VEHICLES
Any motor vehicle whether automobile, bus, truck, trailer,
tractor or any other vehicle intended for highway use that is unlicensed,
old, wrecked, discarded, abandoned or dismantled or partially dismantled,
which is no longer intended or in condition for legal use upon the
public highway. With respect to any motor vehicle not required to
be licensed or a motor vehicle not usually used on public highways,
the fact that such motor vehicle has remained unused for more than
three months and is not in condition to be moved under its own power
shall be presumptive evidence that such motor vehicle is a junked
motor vehicle.
MOTOR VEHICLE
Every motor vehicle designed and intended to be operated,
drawn or driven or capable of being driven or operated, drawn or driven
upon a public highway by any power other than muscular power. For
the purposes of this chapter, "motor vehicles" shall include, but
not be limited to, automobiles, trucks, buses, motorcycles, recreational
vehicles, and trailers.
OWNER OF MOTOR VEHICLE
A person having property in or title to a motor vehicle.
The term includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person and also
includes any lessee or bailee of a motor vehicle having the use thereof
under lease or otherwise.
OWNER OF PRIVATE PROPERTY
Includes the legal owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Town of Esopus.
PRIVATE PREMISES OR PROPERTY
Includes all parcels of real property situate in the Town
of Esopus, whether occupied or vacant, irrespective of size or topography.
RECREATIONAL VEHICLE
A vehicular-type portable structure, without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
temporary living accommodations for recreational camping and travel
use and including, but not limited to, travel trailers, truck campers,
camping trailers, motor homes, fifth-wheel trailers, or vans.
UNLICENSED MOTOR VEHICLE
Any motor vehicle required to be but which has not been licensed
or registered with the State of New York for a period of at least
30 days from the expiration of the last valid licensing, with the
exception of those motor vehicles in the possession of authorized
used car dealers or automobile repair shop for the purpose of sale
or repair.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise of any private
property within the Town of Esopus, to store or deposit or cause or
permit to be stored or deposited an abandoned, junked, discarded or
unlicensed motor vehicle or vehicles upon any private land within
the corporate limits of the Town of Esopus, unless:
A. Such motor vehicle is stored in a completely enclosed building, provided
not more than one motor vehicle is stored within said completely enclosed
building per lot or contiguous lots under the same ownership.
B. Such motor vehicle is under repair, reconstruction, or refurbishing
by the owners thereof who must actually be residing upon the premises.
Not more than one motor vehicle shall be permitted at any one time
on any premises. Such motor vehicle must be so maintained and protected
as to not create any safety hazard or nuisance to surrounding property
owners and shall not remain on the premises more than 12 months.
C. Such motor vehicle is temporarily stored on the premises of a dully
authorized automobile repair shop in accordance with all applicable
regulations.
D. Such motor vehicle is stored on the premises of an active farm operation
within a county adopted state-certified agricultural district and
is used in connection with farm work. Such motor vehicle must be so
maintained and protected as to not create any safety hazard to surrounding
property.
E. The storage or use of such motor vehicle is specifically authorized in accordance with Chapter
123, Zoning.
If the provisions of the foregoing section are violated, the
Zoning Enforcement Officer or the Building Inspector shall serve written
notice, either personally or by mail, upon the owner, occupant or
person having charge of any such private property to comply with the
provisions of this chapter. The aforesaid Town official may determine
ownership of any parcel of land within the Town of Esopus from the
then-current tax rolls of the Town of Esopus and may serve written
notice upon such owner by mailing such notice by regular mail to the
owner of the address listed in the then-current tax rolls. In the
event that the aforesaid town official cannot determine the owner
or address of the owner of a parcel of land within the Town of Esopus,
the aforesaid town official may serve written notice by publishing
said written notice in the official newspaper of the Town of Esopus
for two consecutive weeks. The notice shall be in substantially the
following form:
To the owner, occupant or person having charge of land within
the Town of Esopus known as: (insert Tax Map No. or Account No.)
|
Notice is hereby given that an abandoned, junked, discarded,
unlicensed or for-sale motor vehicle(s) has been stored or deposited
on the above-described property in the Town of Esopus. This or these
vehicles(s) must be removed within 10 days from the date of this notice.
|
In the event that this notice is served upon you by publication,
the vehicle(s) must be removed within 24 days from the first date
of publication of this notice.
|
In case you fail or refuse to comply with this notice on or
before the expiration of said 10 days from the date of this notice
or before the expiration of said 24 days from the date of this notice,
in the event it is served upon you by publication, you are hereby
summoned to appear before the Town Justice of the Town of Esopus on
to show cause why the Town of Esopus, acting through its duly authorized
agents, servants, officers and employees, should not enter upon your
land and remove said motor vehicle(s) and cause the same to be destroyed.
In the event that the Town Justice of the Town of Esopus orders the
aforementioned motor vehicle(s) to be removed and destroyed, the expense
incurred by the Town of Esopus will be assessed against the above-described
property and shall constitute a lien thereon and be collected as provided
by law.
|
|
|
|
Town of Esopus Zoning Enforcement
|
|
Officer/Building Inspector
|
A violation of this chapter shall be deemed an offense, and
all persons, including corporations, found in violation shall be subject
to a fine of not more than $350 or to imprisonment for a term of not
more than 15 days, or both.