[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls 1-12-1977 by L.L. No. 11-1977.[1] Section 143-3 amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
[1]
Editor's Note: This local law previously appeared
as Ch. 120 of the 1977 Code of the Village of South Glens Falls.
As used in this chapter, the following terms
shall have the meanings indicated:
The Mayor or any village officer duly appointed by the Mayor.
Any motor vehicle that:
Is unlicensed, old, wrecked, stored, discarded,
abandoned or dismantled, or partly dismantled, which is not intended
or in any condition for legal use upon the public highway.
Is being held or used for the purpose of resale
of used parts therefrom or for purposes of reclaiming for use some
or all of the materials therein for the purpose of disposing of the
same.
Is in such condition as to cost more to repair
and place in operating condition than its reasonable market value
at that time before such repair.
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 a "junked motor vehicle."
The fact that a motor vehicle may be licensed
or registered with the State of New York but does not display a current
license plate shall be presumptive evidence that such motor vehicle
is unlicensed.
The use of the term in the singular herein is
intended, where applicable, to include the plural.
A person, firm or corporation having property in or title
to a motor vehicle, including a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also including any lessee or bailee of a motor vehicle having the
use thereof under lease or otherwise.
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, any purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Village of South Glens Falls.
Except as expressly provided in § 143-3, it shall be unlawful for any person within the Village of South Glens Falls to store or deposit, or cause, suffer or permit to be stored or deposited. a junked vehicle or part or piece thereof on any private property within the Village.
A.
The provisions of § 143-2 notwithstanding, an owner of private property within the Village may store not more than one junked vehicle, provided that said owner complies with all of the following conditions:
(1)
The owner of the property can demonstrate that he
is the owner of the junked vehicle or that he has received from the
owner permission to store such vehicle.
(2)
The owner has received from the enforcement official
a permit to store such vehicle. This permit shall be issued by the
enforcement official upon his finding that the storage of such vehicle
shall not constitute a public or private nuisance, especially as a
source of possible injury to children, nor that the storage of such
vehicle would serve to depreciate the value of surrounding properties.
Any junked motor vehicle found by the enforcement official to be located within the Village for which no permit, as required by § 143-3, has been issued or any junked automobile for which a permit has been issued but for which the enforcement official has determined a permit is no longer warranted by virtue of changed conditions may be removed from the premises in the following manner:
A.
The enforcement official shall serve written notice
on the person owning the premises on which the same is located ordering
such person to remove the same or cause the same to be removed therefrom
within 10 days of the date of said service. The enforcement official
may determine the ownership of any parcel of land in the Village from
the current assessment roll.
B.
In the event that said junked motor vehicle or vehicles
are not removed from the premises within the time required in the
notice, the Village shall have the right to enter upon the premises
and to remove and dispose of the junked motor vehicle or vehicles.
The expense of such removal and disposal shall be a lawful charge
against the owner and occupant of the premises and may be collected,
if necessary, in a civil action instituted in the name of the Village
in accordance with the provisions of this chapter.
Any person committing an offense against this
chapter shall, upon conviction, be subject to a fine not exceeding
$250 or imprisonment for a term not exceeding 15 days, or to both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
