[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 1-14-1991
as L.L. No. 1-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Refuse — See Ch. 119.
Streets and sidewalks — See Ch. 196.
Parking — See Ch. 217.
Zoning — See Ch. 227.
[1]
Editor's Note: This local law also superseded former Ch. 214,
Vehicles, Abandoned, adopted 3-14-1974 as § 14-10 of the Code of
Ordinances, as amended.
This chapter shall be known as the "Abandoned Vehicle Law of the Village
of Ellenville."
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants, and such an environment is deemed
essential to the economy of the village and the general welfare of its citizens.
The unrestrained accumulation of motor vehicles not in operating condition
is a hazard to such health, safety and welfare of the citizens of the village,
necessitating the regulation and restraint thereof.
A.
COMMERCIAL GARAGE
ENFORCEMENT OFFICER
JUNK VEHICLE
As used in this chapter, the following terms shall have
the meanings indicated:
Any business repairing motor vehicles or any part thereof.
The Building Inspector of the village, unless the Village Board,
by resolution, designates some other village officer as "enforcement officer"
or, by resolution, establishes the position of "enforcement officer" for the
village and appoints some qualified person thereto at a salary specified in
such resolution or any officer of the Village Police Department.
Any motor vehicle, whether automobile, bus, truck, mobile home, motorcycle,
motor bicycle, minibicycle or snowmobile or any other contraption originally
intended for travel on the public highways which is abandoned, stored, left
or located by its owner or any other person on public or private property
in the Village of Ellenville and which is not registered by the State of New
York or the laws of any other state for operation on the public highways and
which does not contain license plates validly issued by the State of New York
or the laws of any other state or is not in a condition to meet the requirements
for the New York State vehicle inspection sticker shall be defined as a "junk
vehicle."
[Amended 1-9-1995 by L.L. No. 1-1995]
(1)
For the purpose of this chapter, "abandoned," "stored"
or "located" shall mean when the "junk vehicle" is visible from a public highway
or a dwelling unit on a neighboring property.
(2)
Any motor vehicle not displaying a valid New York State
vehicle inspection sticker or displaying an inspection sticker expired for
more than 12 months will be presumed to be a "junk vehicle," even if such
motor vehicle is registered and has valid license plates.
(3)
LEGAL OCCUPANT
OPEN STORAGE
OWNER
PARCEL OF PROPERTY
PERSON
VILLAGE
A motor vehicle located on the premises of a person licensed
by the State of New York to sell new or used motor vehicles, which is held
for the purpose of resale and is in a condition to meet the requirements for
a New York State vehicle inspection sticker, shall not be considered a "junk
vehicle."
Any person who, singularly or together with other persons, is in
possession of real property pursuant to an agreement with the owner thereof.
The term shall include tenants, contract vendees and licensees.
Storage other than in a completely enclosed structure, such as a
garage constructed of wood, brick or metal.
A person owning real property in the village. A parcel of real property
owned by more than one person shall be considered as having each such person
be an "owner."
Real property appearing on the tax rolls of the village as one unit.
Includes natural persons, corporations, copartnerships, unincorporated
associations or any other organization of two or more persons.
The Village of Ellenville and its trustees and agents; also public
and private areas within the village.
B.
The term "shall" is always mandatory. Words used in the
singular shall include the plural and vice versa.
Open storage of one or more junk vehicles shall not be permitted on
private or public property within the village, except as permitted by this
chapter.
A.
Except as otherwise set forth in this § 214-5, any person wishing to store or locate a junk vehicle on a parcel of property must first obtain a permit from the village's enforcement officer allowing such storage.
B.
The permit which is provided for in this § 214-5 may be granted after an application has been made showing:
(1)
The make, model and year of the vehicle.
(2)
The name and address of the last registered owner and
last registration plate number as issued by the appropriate Department of
Motor Vehicles.
(3)
The vehicle identification number.
(4)
The nature of the applicant's ownership or title
to such vehicle.
(5)
The purpose(s) for which the junk vehicle(s) are being
stored or located, as permitted by § 215-5C of this chapter.
C.
Purposes for which junk vehicles can be stored or located for purposes of this § 214-5 are as follows:
(1)
Antique or classic car restoration for vehicles 25 or
more years old. A permit will be issued which is valid for a period of six
months. The permit may be renewed on one occasion for a renewal term of six
months, provided that, during the initial six-month period, the vehicle has
been substantially improved since the issuance of the original permit.
[Amended 1-9-1995 by L.L. No. 1-1995]
(2)
Restoration. A permit will be issued for a thirty-day
period, renewable for one thirty-day period. The renewal shall be granted
only if the vehicle has been substantially improved since the issuance of
the original permit.
[Amended 1-9-1995 by L.L. No. 1-1995; 10-16-2000
by L.L. No. 5-2000]
(3)
Removal of parts or components. A permit will be issued
for a sixty-day period, renewable for one sixty-day period only.
(4)
For purposes of this section, a vehicle shall be deemed
substantially improved if the vehicle meets 50% of the standards for highway
use, i.e., 50% of the standards necessary to pass vehicle inspection pursuant
to applicable New York State law.
[Added 1-9-1995 by L.L. No. 1-1995]
D.
Notwithstanding anything which is contained in this § 214-5 to the contrary, a commercial garage which is registered with the New York State Department of Motor Vehicles as a motor vehicle repair shop and whose parcel of property is in an area in which automobile repair or automobile service or gas station is a permitted use pursuant to the Village Zoning Code[1] or who has a variance issued by the Village Zoning Board of Appeals
to operate a motor vehicle repair shop in any other district or who has a
nonconforming use which predated the adoption of the Village Zoning Code shall
be permitted to maintain junk vehicles on said parcel of property without
the necessity of obtaining a permit from the village's enforcement officer,
provided that the following conditions are satisfied:
(1)
No more than 25 junk vehicles are stored or located on
the applicable parcel of property at any given time.
(2)
All of the junk vehicles which are located on the property
do not exceed 25% of the available open land on said parcel of property. For
purposes of the foregoing, "available open land" shall mean the entire parcel,
reduced by the portion of the parcel where the improvements are located.
Any owner or legal occupant of a parcel of property in the village who
shall abandon, store, locate, leave or allow or condone any other person to
abandon, store, locate or leave a junk vehicle upon a parcel of property owned
or occupied by him within the village contrary to the provisions hereof shall
be guilty of a violation hereof. Any person, whether as owner or driver of
a vehicle or an operator of a towing vehicle or carrier, who shall abandon,
store, locate or leave a junk vehicle upon a parcel of property in the village
of which he is not either the owner or legal occupant, without the written
permission of the legal occupant, shall be guilty of a violation hereof.
[Amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this
chapter shall, for the first conviction thereof, be punished by a fine of
not less than $100 and not more than $1,000; for a second or subsequent conviction
within 12 months after any previous conviction, such person shall be punished
by a fine of not less than $200 and not more than $2,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment. Each day
of continued violation shall constitute a separate additional violation.
In addition to the penalties set forth above, the village may commence
an action in its own name against any person in any civil court of competent
jurisdiction to seek an injunction to enforce compliance with this chapter.
Such an action for injunctive relief may be independent of or a part of an
action to collect the civil penalties as hereinabove provided.
In addition to any penalty or fine as provided in § 214-7 hereof or the remedy provided in § 214-8 hereof, any junk vehicle may be removed from the premise upon which it is located by the village in the manner hereinafter provided:
A.
The enforcement officer, upon detecting a junk vehicle,
shall serve written notice on the person owning the parcel of property on
which the same is located, ordering such person to remove the same or cause
the same to be removed therefrom within 15 days of the date of such service.
Such notice shall contain a description of the parcel of property, a statement
as to the location thereon of a junk vehicle and a reference to this chapter
and to the fact that the location of such junk vehicle on such parcel of property
is in violation of this chapter. If such parcel of property is 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 enforcement officer
shall mail such notice to owners not personally served or to the owner and
to all owners if no owner was personally served by registered mail to their
or his last known address as shown on the latest completed assessment roll
of the village. In addition, the enforcement officer shall post conspicuously
a copy of such notice on the parcel of property upon which said junk vehicle
is located.
B.
At the expiration of 15 days after the service or mailing
and posting of such notice, if such junk vehicle has not been removed, the
enforcement officer shall report such fact to the Village Board in writing.
Such report shall cite the violation, the notices given as required hereunder
and the failure to comply therewith and may include or refer to photographs
of such junk vehicle and of the parcel of property upon which it is located.
Such report shall be entered in the official minutes of the Village Board
by the Village Clerk, and any such photographs shall be filed in the Village
Clerk's office. The Village Board 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 person owning
such junk vehicle an opportunity to be heard as to why the same has not been
removed and also for the Village Board to receive proposals for the removal
of such junk vehicles.
C.
After the hearing, the Village Board may contract for
the removal of such junk vehicle. Any expense to the village in accomplishing
the removal of such junk vehicle shall be assessed by the Village Board on
the real property from which said junk vehicle was removed, and the expense
so assessed shall constitute a lien and charge upon the real property on which
it is levied until paid or otherwise satisfied or discharged as other village
charges.
D.
Any junk vehicle found to have been abandoned in the
village in violation of § 1224 of the Vehicle and Traffic Law of
the State of New York shall be removed and disposed of in the manner and as
provided in said § 1224. The enforcement officer is authorized as
the proper person to execute all notices and documents required to be given,
mailed or filed with the Department of Motor Vehicles or any person.
E.
Any junk vehicle released to the village by its owner shall be disposed of at a public auction to the highest bidder, and the proceeds shall be added to the general fund of the village. Any junk vehicle released to the village by the owner or legal occupant of the parcel of property from which it is removed, who is not the owner of the junk vehicle, shall be disposed of by the procedure set forth in Subsections A, B, C and D hereof.
The village's enforcement officer shall have and is hereby given
the authority to go upon any parcel of real property in the village, public
or private, exclusive of enclosed structures or buildings, at any time during
daylight hours, to examine and inspect any vehicles or parts or components
thereof to determine whether a violation of this chapter has been committed
or to determine the condition of any vehicle or parts or components thereof.
The officer shall notify the property owner, in writing, prior to entering
on such property.
The provisions of this chapter shall be effective 90 days after the
date that this chapter is adopted by the Board of Trustees of the Village
of Ellenville.
