[Adopted 11-1-1972 by L.L. No. 3-1972; readopted as amended 6-13-1973 (Ch. 48 of the 1991 Code)]
It is hereby determined by this Town Board that abandoned, junked, discarded, dismantled (in whole or part) or inoperative motor vehicles not in condition for legal use on highways, placed or situated on private property, constitute a hazard to the health, welfare and safety of the citizens of the Town of East Greenbush.
For the purpose of this Part 2, the terms used herein are defined as follows:
JUNK VEHICLE
Any vehicle designed for operation by any power other than muscular power, but including a trailer, lacking a current registration plate and which has been abandoned, junked, discarded, dismantled (in whole or part) or is in a rusted or wrecked condition or which is not in condition for legal use upon the highways.
It shall be unlawful to park, store or leave in the open or to abandon a junk vehicle upon private property for a period of more than one week except as permitted by license pursuant to § 136 of the General Municipal Law as enacted by Chapter 1010 of the Laws of 1965, unless the same is necessary for the operation of a business enterprise lawfully upon said premises.
After the expiration of such one-week period, any police officer or other authorized officer of the Town of East Greenbush may serve written notice upon the owner of such private property to remove or shelter such junk vehicle or, in the alternative, to have such junk vehicle removed by municipal authorities. Such notice shall be served personally on such landowner or, if the owner cannot be found, by sending a registered letter to the owner of record of the real property as designated upon the assessment rolls of the Town; a single notice shall be sufficient for any number of such vehicles on one parcel of property. In addition thereto, a notice shall be posted conspicuously on each junk vehicle on such property.
Upon the expiration of a ten-day period after such notice, the Police Department of said Town shall cause such junk vehicle to be removed to such area as may be designated by said Police Department and held for 10 days.
Within such ten-day period, the owner or his agent may claim such junk vehicle upon payment of the towing charges or removal charges therefor. Such owner or his agent shall immediately remove such junk vehicle at his own expense to a legal storage space.
Upon the expiration of such ten-day period, no claim having been made, ownership of such junk vehicle shall be deemed forfeited and such vehicle may be sold by said Town to the highest bidder for disposal as scrap. In the event of such sale, or other disposal by the Town in the event there is no sale, any charge for towing, removal, storage or disposal of such vehicle shall be paid by the landowner on whose land the vehicle was found. All moneys realized from any sale as aforesaid or charges imposed as aforesaid shall belong to said Town and be deposited in the general fund.