[HISTORY: Adopted by the Town Board of the Town of Horseheads at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
As used in this chapter the following terms shall have the meanings
indicated:
As provided in § 119 of the Vehicle and Traffic Law of
the State of New York and acts amendatory thereof.
Any vehicle, trailer, motor vehicle, motorcycle or house coach which
is not currently, validly licensed and/or registered, as the case may be,
such that the same may be operated on the streets and highways of this state
in accordance with law, or is in any one (1) or more of the following conditions:
rusted, wrecked, dismantled, partially dismantled, discarded, inoperative
or abandoned.
As provided in § 125 of the Vehicle and Traffic Law of
the State of New York and acts amendatory thereof.
As provided in § 123 of the Vehicle and Traffic Law of
the State of New York and acts amendatory thereof.
Any person, firm or corporation, directly or indirectly, in whole
or in part, holding title to or being in control of the junked vehicle or
holding title to the real property whereon said vehicle is situate. Thus it
is noted that there may be multiple "owners."
As provided in § 156 of the Vehicle and Traffic Law of
the State of New York and acts amendatory thereof.
As provided in § 159 of the Vehicle and Traffic Law of
the State of New York and acts amendatory thereof.
It shall be unlawful for any person, firm, corporation, partnership
or entity either as owner, lessee, occupant, user or otherwise to store or
deposit, or cause or permit to be stored or deposited, any junk vehicle in
or upon any land or place within the municipal boundaries of the Town of Horseheads.
Nothing to the contrary contained herein withstanding, it shall not be unlawful
for any person, firm, corporation or entity to keep, store, deposit or maintain
a junk vehicle in the Town of Horseheads if the same is at all times contained,
in whole and in part, in a fully enclosed structure or building. Nothing in
this chapter shall be construed to prohibit the storing, depositing or maintenance
of a junked vehicle in a private garage or to interfere with the operation
of a business enterprise lawfully situated upon the property, such as, but
not limited to a new or used car sales establishment, gasoline service station,
motor vehicle repair establishment or bodyshop.
A.
In the event that the Code Enforcement Officer of the
Town of Horseheads shall observe a condition which he or she believes to be
in violation of this chapter, he or she shall post or cause to be posted in
a conspicuous place upon the premises where the violation is observed or the
vehicle itself a notice to comply with the provisions of this chapter. Further,
the Code Enforcement Officer shall mail or cause to be mailed a copy of said
notice to the owner of the premises, within seven (7) days of such posting,
directing compliance with the provisions of this chapter. The Code Enforcement
Officer shall mail or cause to be mailed such notice to the owner of the premises,
addressed to such owner as the same's address may appear upon the last town
assessment roll. Alternatively, the Code Enforcement Officer may personally
serve or cause to be personally served upon the owner of such premises the
notice to comply in the same manner as service of a summons is permitted in
Article 3 of the Civil Practice Law and Rules of the State of New York.
B.
If the owner upon whom the notice is served fails, neglects
or refuses to comply with the provisions of said notice within thirty (30)
days after the later of such posting, mailing or service of such notice, the
Code Enforcement Officer shall cause such junked vehicle to be removed and
destroyed or disposed of. The total cost thereof may be certified by the Code
Enforcement Officer to the Assessor of the Town of Horseheads to be assessed
by the latter upon the premises on which such junked vehicle was found. Said
total costs shall constitute a lien and charge on the lot or parcel of land
on which said vehicle was found and on which said assessment shall be levied
until paid or otherwise satisfied or discharged and shall be collected in
the manner provided by law for the collection of delinquent taxes.
If a property owner has been served a notice to comply and elects to
relinquish his or her right, title and interest in and to the junked vehicle
and to permit the town to carry out the abatement of the violation as listed
on the notice without further delay, then, in that event, the town may proceed
to remove the junked vehicle, provided that the owner signs a written waiver
permitting such removal holding the town harmless from any damage, claim,
cost, expense or liability arising out of or resulting from such removal or
abatement and submits same to the Code Enforcement Officer. Any expense incurred
by the town as a result of such removal of a junked vehicle following the
receipt of such a waiver by the owner or his or her duly authorized representative
shall be at the town's expense.
The owner may, within fifteen (15) days following the later of the posting,
mailing or service, as provided for hereinabove, request a hearing before
the Town Supervisor or his or her designated representative by filing a written
notice of appeal of the Code Enforcement Officer's determination with the
Town Clerk of the Town of Horseheads, who shall receive same and report the
receipt thereof to the Town Board. The Town Supervisor shall hold a hearing
on the same within ninety (90) days following the receipt of the notice of
appeal, which hearing shall be upon notice to the owner and other interested
parties. The rules of evidence prevailing in courts of record shall not be
controlling in hearings held pursuant to this chapter.
