[HISTORY: Adopted by the Town Board of the Town of New Windsor 2-1-1967
by L.L. No. 1-1967 (Ch. 3 of the 1972 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Subsequent amendments noted where applicable.]
The Town Board of the Town of New Windsor hereby finds that the storage or presence of abandoned, junked or inoperative motor vehicles on private property creates a public and private nuisance and is harmful to the public health, safety and welfare. Such vehicles present a source of serious injury, particularly to children, seriously harm the aesthetic qualities of the Town and tend to depreciate the value of properties in the neighborhood and in the Town. The Town Board finds that the problems can be diminished by permitting the outside storage of only one such vehicle, unregistered and in good, operable condition for legal use upon the public highway, for a period of one year in accordance with Chapter 300, Zoning, § 300-11A(4) and D, and requiring that any additional such vehicle(s) is stored within a garage or other enclosed structure.
As used in this chapter, the following terms shall have the meaning
as indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, that is:
Unlicensed, old, wrecked, stored, discarded, dismantled or partly dismantled
and which is not intended or in any condition for legal use upon the public
highway.
Being held or used for the purposes of resale or used parts therefrom
or for the purpose of reclaiming for use some or all of the materials therein
for the purpose of disposing of the same.
In such condition as to cost more to repair and place in operating condition
than its reasonable market value prior to such repair.
Left unattended for more than 96 hours on property of another if left
without permission of the property owner.
Left without valid registration plates for more than six hours on any
highway, street or public place.
Left with valid registration plates for more than 24 hours on any highway,
street or public place.
Left with valid registration plates for more than 48 hours after parking
becomes illegal, when left on a part of a highway, street, or public place
where parking was previously legally permitted.
The fact that a motor vehicle does not display a current motor vehicle
registration, inspection sticker or license plate shall be presumptive evidence
that such motor vehicle is not in any condition for legal use upon the highways.
With respect to any motor vehicle not required to be licensed or not
usually used on public highways, the fact that such motor vehicle has remained
unused for more than six months and is not in condition to be removed under
its own power shall be presumptive evidence that such motor vehicle is an
abandoned, junked or inoperative motor vehicle.
The use of a term in the singular herein is intended, where applicable,
to include the plural.
The Code Enforcement Officer or any officer of the Police Department.
Any person, firm, partnership or corporation, whether business membership,
religious, charitable or otherwise, or any association or any other unit or
entity owning real property in the Town of New Windsor.
It shall be unlawful for any person to store or deposit or cause, suffer
or permit to be stored or deposited more than one abandoned, junked or inoperative
motor vehicle or part or pieces thereof outside of an enclosed structure on
any private property of the Town.
A.
Any person who violates any provision of this chapter
shall be subject to the jurisdiction of any court of competent jurisdiction
and shall be subject to a fine or civil penalty of $500 per violation. Each
day a violation continues shall constitute a separate and distinct violation.
B.
In addition or as an alternative to the above penalties, the Town may commence a vehicle removal administrative proceeding pursuant to § 276-5.
C.
In addition or as an alternative to the above-provided
procedures and penalties, the Town Board may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
In addition or as an alternative to the fines, penalties and other remedies provided in § 276-4, any abandoned, junked or inoperative motor vehicle in violation of § 276-3 may be removed from the property on which it is located in the following manner:
A.
Notice and hearing.
(1)
The enforcement official shall serve written notice,
either by personal service on the property owner, tenant or agent or by certified
mailing to the owner of the private property on which the vehicle is located
and posting a copy of such notice in a conspicuous place on the subject property,
ordering such property owner to remove the vehicle or cause the vehicle to
be removed therefrom within 10 days after the date of a hearing before the
Town Zoning Board of Appeals (ZBA). Such notice shall be mailed at least five
days prior to the hearing and shall state the date of the hearing.
(2)
Such notice shall also state that:
(a)
Failure to remove the vehicle within the specified period
shall cause legal title to the vehicle to vest in the Town and shall grant
to the Town the legal right to enter upon the premises to remove and sell
or dispose of said vehicle.
(b)
At the hearing, the property owner is entitled to be
represented by counsel and present testimony and witnesses.
(c)
The expense of such removal, storage and sale or disposal,
including the costs of this proceeding, shall be charged to the property owner
and may be charged against the property, and, if unpaid, said charge may be
assessed, levied and collected in the same manner as a real property tax.
(3)
The enforcement official may determine the ownership
and address of the owner of any parcel of land in the Town from the current
assessment roll.
(4)
Following the aforesaid hearing before the ZBA, the ZBA
may affirm, modify or rescind the enforcement official's order.
B.
Removal. In the event that said abandoned, junked or
inoperative motor vehicle is not removed from the premises within 10 days
after the hearing, or within such other time period as the ZBA may specify,
the Town shall have the right to enter upon the premises and to remove, store,
and sell or dispose of said vehicle. The expense of such removal, storage
and sale or disposal, including the costs of the proceeding, shall be a lawful
charge against the property owner. If said charge is not paid as required,
said charge may be assessed and levied against the property and collected
in the same manner as a real property tax, or, in the alterative, said charge
may be collected in a civil action instituted in the name of the Town.
C.
Acquisition of title to vehicle by Town.
(1)
If a vehicle which is declared abandoned, junked or inoperative by the enforcement official has no current registration, inspection sticker or license plate and is of a wholesale value, taking into consideration the condition of the vehicle, or $750 or less, title to such vehicle shall vest in the Town 10 days subsequent to the public hearing provided for in Subsection A. Such determination as to wholesale value shall be made by the enforcement official.
(2)
For vehicles other than those governed by Subsection C(1) above, the Town shall notify the last owner of the vehicle and any lienholders thereon that the Town has commenced procedures to acquire title to the vehicle, and if such vehicle is not claimed and removed from the property within 10 days subsequent to the aforesaid public hearing, title to such vehicle shall vest in the Town.
(3)
Notwithstanding the above, if an abandoned, junked or
inoperative motor vehicle has no license plate affixed and has a wholesale
value, taking into consideration the condition of the vehicle, of $750 or
less, the Town shall not be required to obtain title to such vehicle if the
vehicle will be sold or otherwise disposed of as junk or salvage, dismantled
for use other than as a motor vehicle, or otherwise destroyed.
D.
Sale, use and disposal of vehicle.
(1)
The Town Board shall determine if an abandoned, junked or inoperative motor vehicle is suitable or feasibly may be made suitable for operation on the public highways. If the vehicle is so suitable, the vehicle shall be sold after public bid to the highest bidder or converted pursuant to Subsection D(2) below.
(2)
The Town Board may convert to its own use those abandoned, junked or inoperative motor vehicles not affected by Subsection C(3) above or may, by sale or gift, transfer title to any such vehicles to any other municipal corporation for use by its law enforcement agency; provided, however, that the total number of vehicles converted and/or transferred in any calendar year shall not exceed two such vehicles.
(3)
If the Town Board determines that an abandoned, junked
or inoperative motor vehicle is not suitable for operation on the public highways
or if a vehicle does not have a vehicle identification number plate, the Town
shall sell the vehicle to a vehicle dismantler or scrap processor registered
or certified pursuant to § 415-a of the New York State Vehicle and
Traffic Law or to a vehicle dismantler or scrap processor who does not have
a place of business in this state but who conforms to the laws and regulations
of the state in which he has a place of business.
(4)
Any proceeds from the sale of an abandoned, junked or
inoperative vehicle, less all costs and expenses incurred by the Town in the
entire proceeding, shall be held by the Town, without interest, for the benefit
of the immediate past owner of such vehicle, for a period of one year. If
not claimed within such one-year period, said proceeds shall be paid into
the general fund of the Town.
