The outdoor storage of junk, abandoned or nonoperable motor
vehicles or the used parts therefrom within the Town is a hazard to
the preservation of the public health, welfare and safety in that
it constitutes health, fire and safety hazards and is an attractive
nuisance to children which is a peril to their safety. The outdoor
storage of such vehicles also constitutes a blight on the landscape
of the Town. They are generally unsightly, and their existence tends
to depreciate the value of property in the neighborhood and the Town
generally. The control of the outdoor storage of junk, abandoned or
nonoperable motor vehicles or the used parts therefrom within the
Town is therefore regulated for the preservation of the public health,
safety and welfare of its residents.
As used in this article, the following terms shall have the
meanings indicated:
The Building Inspector appointed pursuant to Chapter 64 of this Code.
The Code Enforcement Officers appointed pursuant to Chapter 64 of this Code.
Any motor vehicle, whether automobile, bus, truck, trailer,
mobile home, motorcycle or any other vehicle originally intended to
be capable of travel on the public highways, which is abandoned, stored,
left or located by its owner or any other person outdoors on private
premises in the Town, and which vehicle is functionally incapable
of operation under its own power. It shall be conclusive evidence
that a motor vehicle is functionally incapable of operation under
its own power if it is not validly registered in any state of the
United States or any province of Canada or, if registered in New York
State, it lacks a valid and current New York State inspection sticker
or, if registered outside New York State, it lacks a valid and current
inspection sticker of the state or province in which it is registered
if so required by such state or province.
Any individual person or group of individual persons, firm,
partnership, corporation, association or any other unit or entity
owning, possessing or otherwise in control of real property in the
Town outside any village therein.
Anywhere within the corporate limits of the Town outside
any village in the Town and excluding any establishment duly licensed
by the Town to house or store such junk vehicles or used parts therefrom.
It shall be unlawful for any person to cause, permit or condone
the presence of any junk vehicle or used motor vehicle parts outdoors
on his real property in the Town. Such violation shall constitute
an offense. Each week, or portion thereof, that such junk vehicle
or used motor vehicle parts remain outdoors on the premises shall
constitute a separate offense.
Any person convicted of a violation of this article shall be
subject to the following penalties:
A.
Any junk vehicle or used motor vehicle parts, as defined in this
article, may be removed from the premises on which it is or they are
located by order of the Town Board in the manner hereafter provided.
B.
The Building Inspector or a Code Enforcement Officer, upon detecting
a junk vehicle or used motor vehicle parts, shall serve a written
notice ordering the removal of the same from the premises on which
it is located within 10 days from the date of such service. Such notice
shall also contain a description of the premises, a statement as to
the location thereon of a junk vehicle or parts, and reference to
this chapter and to the fact that the location of such junk vehicle
or parts on such premises is in violation of this chapter.
C.
At the expiration of 10 days after the service of such notice, if
such junk vehicle or parts have not been removed, the Building Inspector
or a Code Enforcement Officer shall report such fact to the Town Board,
in writing. Such report shall recite the violation, the notice given
as required hereunder and the failure to comply therewith and may
include or refer to photographs of such junk vehicle and of the premises
on which it is located. Such report shall be entered in the official
minutes of the Town Board by the Town Clerk, and any such photographs
shall be filed in the Town Clerk's office. The Town Board shall
thereafter hold a hearing upon 10 days' prior notice to the owner
to determine whether, in fact, the vehicle is functionally capable
of operation under its own power. Such notice of hearing shall include
a statement that the purpose of such hearing is to receive evidence
regarding the violation of this article.
D.
If, after said hearing and consideration of all evidence, the Town
Board determines that a violation of this article exists, the Town
Board shall arrange for the removal and disposal of such junk vehicle
or used parts in a manner which it deems reasonable. Any expense to
the Town in accomplishing such removal may be assessed by the Town
Board to the real property from which such junk vehicle was removed,
and the expense so assessed shall constitute a lien and charge on
the real property on which it is levied until paid or otherwise satisfied
or discharged.
Notices required by this article shall be served as follows:
A.
By personal service on any of the owners, occupants or person in
control of the premises on which the junk vehicle is located; or
B.
By regular mail, mailed to any of the owners of said property at
his or her last known address as shown on the latest completed assessment
roll of the Town and by conspicuously posting a copy of such notice
on the premises on which the junk vehicle is located.
