The outdoor storage of abandoned, junked or
discarded motor vehicles, or parts thereof, or boats, or parts thereof,
upon public or private property within the Town of Geddes 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 Geddes. The outdoor storage of abandoned, junked or
discarded motor vehicles, or parts thereof, or boats, or parts thereof,
upon such properties constitutes an attractive nuisance to children
or adults and a peril to the safety and welfare of the residents of
the Town of Geddes. Such storage depreciates the value of neighboring
properties and is unsightly and discourages the orderly, progressive
development of the Town of Geddes. The control of the outdoor storage
of abandoned, junked or discarded motor vehicles, or parts thereof,
or boats, or parts thereof, upon public or private property is, therefore,
regulated for the preservation of the public health, safety and welfare
of the residents of the Town of Geddes.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED
With regard to a motor vehicle, the intent of the owner of
the motor vehicle not to use the motor vehicle on the public highways.
The intent of the owner of the motor vehicle may be determined by
the physical condition of the motor vehicle, the length of time since
the motor vehicle has last been used on the public highway and whether
the motor vehicle is licensed or unlicensed.
BOAT
Any construction designed for use on water.
DISCARDED
Any motor vehicle which the owner thereof does not intend
to recover possession thereof or any motor vehicle to which ownership
cannot be reasonably determined.
JUNKED
Any motor vehicle in such condition as to cost more to repair
or place such vehicle in operating condition than the maximum retail
value of the motor vehicle.
MOTOR VEHICLE
Every vehicle so defined as such by the New York Vehicle
and Traffic Law, and as the same may be amended.
UNLICENSED MOTOR VEHICLE
Any motor vehicle which has not been licensed with the proper
authorities for a period of at least 30 days from the expiration of
the last valid licensing.
It shall be unlawful for any person, firm or
corporation, either as an owner of a motor vehicle or as an owner,
occupant, lessee or tenant of any public or private property within
the Town of Geddes, to store or deposit or cause or allow or permit
to be stored or deposited an abandoned, junked or discarded motor
vehicle, or parts thereof, or boat, or parts thereof, upon any public
or private property within the limits of the Town of Geddes.
[Amended 1-19-2001 by L.L. No. 1-2001; 1-12-2010 by L.L. No. 1-2010]
If the provisions of the foregoing section are
violated, the Chief of Police, a police officer or the Code Enforcement
Officer shall serve written notice, either personally or by certified
mail, upon the owner of the motor vehicle or boat or on the owner,
occupant, lessee or tenant of such public or private property to comply
with the provisions of this chapter. The notice shall be in substantially
the following form:
TO THE OWNER OF THE MOTOR VEHICLE OR BOAT OR
THE OWNER, OCCUPANT, LESSEE OR TENANT OF THE PROPERTY WITHIN THE TOWN
OF GEDDES KNOWN AS:
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[Identify Motor Vehicle or Boat and Property]
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NOTICE IS HEREBY GIVEN that an abandoned, junked or discarded
motor vehicle or boat has been stored or deposited on the above-described
property in the Town of Geddes in violation of a local Geddes ordinance,
copy attached. Violation of this chapter constitutes an offense. The
automobile or boat must be removed within 10 days from the date of
this notice. Failure to remove in accordance with this notice may
subject you to a fine not to exceed $250 and/or imprisonment for up
to 15 days. Each ten-day period from the date this notice is served
shall constitute a separate and distinct offense. Please advise the
Issuing Officer, telephone no _____________, of your compliance with
this notice.
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[Amended 1-19-2001 by L.L. No. 1-2001; 1-12-2010 by L.L. No. 1-2010]
An owner of a motor vehicle or boat or any owner,
occupant, lessee or tenant who shall neglect or refuse to remove an
abandoned, junked or discarded motor vehicle or boat as directed by
this chapter shall, upon conviction thereof, be fined a sum not exceeding
$250 for each violation thereof or be imprisoned for a period not
to exceed 15 days, or be both fined and imprisoned. Each separate
occurrence and each 10 days a vehicle or boat remains unmoved after
notice has been served in accordance with this chapter shall constitute
a separate and additional violation. A violation of this chapter shall
be an offense.