[HISTORY: Adopted by the Board of Trustees
of the Village of Potsdam 11-21-1988 by L.L. No. 9-1988.[1] Amendments noted where applicable.]
The purpose of this chapter is to provide for
the disposition of abandoned, junked, discarded or unregistered motor
vehicles upon privately owned or public property within the municipality,
which is detrimental to safety, health and the public welfare. It
constitutes an attractive nuisance to children and is a peril to their
safety. It is a source of vexation and annoyance. It depreciates the
value of neighboring properties. It is a fire hazard and a source
of fire and explosions. The preservation of public health and protection
of property and the elimination of public peril compels the governing
body to legislate on this matter. It is hereby declared that the adoption
of this chapter has for its purpose the effective termination of such
practices.
A.
It shall be unlawful for any person, his agent or
employee to abandon or to suffer, permit or cause to be left any motor
vehicle, whether or not owned by him, upon any public street or in
any public place or on his own property in violation of the provisions
of this chapter or any other local law of the Village of Potsdam.
A.
A motor vehicle shall be deemed to be abandoned if
it is present:
(1)
With no number plates affixed thereto or in any inoperable
condition for more than six hours on any highway or in any other public
place.
(2)
Whether licensed or not for more than 24 hours on
any highway or in any other public place, except a portion of highway
or public place on which parking is legally permitted.
(3)
For more than 24 hours, after the parking of such
vehicle shall have become illegal, on a portion of a highway or public
place on which parking is legally permitted, except in areas duly
marked for extended storage by the Village of Potsdam.
(4)
For more than 10 days on property of another without
permission of the owner.
(5)
Private lands:
(a)
On private lands not duly licensed as a junkyard
or occupied by a garage, repair shop or other facility in accordance
with the Zoning Law of the Village of Potsdam,[1] whether said vehicle is owned by the owner of said lands
or is there with the knowledge and consent of the owner of said lands,
if it:
[1]
Does not display both a valid, current New York State motor
vehicle inspection and motor vehicle registration sticker properly
affixed to the vehicle's windshield.
[Amended 3-3-2014 by L.L. No. 4-2014]
[2]
Is inoperable or has been substantially dismantled
or has been permitted to deteriorate and has been permitted to continue
in that state for a period of time long enough to raise the presumption
that there is not intent to make it usable. A period of 30 days shall
be deemed such a period.
[3]
Is being dismantled for the purpose of using
its parts in the repair of other vehicles or otherwise disposing of
the same.
(b)
Any one or all of the foregoing shall constitute
a violation of this chapter.
B.
If vehicle is towed for any violation of New York
State Law or Village ordinance and not redeemed within 30 days, it
will be sold as an abandoned vehicle.
C.
Nothing herein contained is intended to prevent the
storing of any such vehicle in a wholly enclosed area, completely
hidden from view from any street or public place or from adjoining
or other private property, provided that the vehicle is otherwise
lawfully on the premises.
If an abandoned vehicle, as hereinbefore defined,
at the time of abandonment has no number plates affixed and is of
a value of $400 or less, title shall immediately vest in said Village.
The aforesaid value shall be determined by any duly authorized agent
or employee of the Village.
A.
For vehicles having a value of over $400, the Police
Department of the Village of Potsdam shall make an inquiry concerning
the last registered owner of such vehicle with the jurisdiction which
issued the plates thereon or with the Department of Motor Vehicles
where no plates were affixed.
B.
Such Police Department shall notify the last owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after 90 days from the date such notice was mailed. If the agency described in Subsection A also notifies such local authority that a lien or mortgage exists, such notice shall also be sent to the lien holder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle and any fine as prescribed by the Vehicle and Traffic Law of the State of New York or by the Village of Potsdam Code.
C.
Title to such abandoned vehicles, if unclaimed, shall
vest in the Village of Potsdam 90 days from the date such notice is
mailed or, if the last registered owner cannot be ascertained, when
notice of such fact is received.
D.
The Village shall determine if an abandoned vehicle
is suitable for operation on the public highways. If so, the vehicle
shall be sold at public auction to the highest bidder or converted
to the Village's use in accordance with § 1224 of the New
York State Vehicle and Traffic Law.
E.
If the Village determines that an abandoned vehicle
is not suitable for operation on the public highways, it may sell
the vehicle privately as it deems fit.
Any proceeds from the sale of an abandoned vehicle,
less any expenses incurred by the Village of Potsdam, shall be held
by the Village without interest for the benefit of the owner of such
vehicle for a period of 30 days. If not claimed within such 30 day
period, such proceeds shall be paid into the general fund of the Village.
[Amended 8-17-1998 by L.L. No. 5-1998]
The last registered owner of an abandoned vehicle shall be presumed to be the owner and liable to the Village of Potsdam for the costs of removal and storage of such vehicle, unless he or she shall present proof of present ownership in another person. Removal and storage charges shall be in accordance with § 168-55A and B of Chapter 168, Vehicles and Traffic, of the Potsdam Municipal Code.
A.
This chapter shall be enforced by the Code Enforcement
Officer and the Village of Potsdam Police Department. The Code Enforcement
Officer is hereby authorized to remove said vehicle or issue and serve
an appearance ticket with respect to a violation of this chapter.
B.
Each and every violation of this chapter shall constitute
a violation and shall be punishable by a fine not exceeding $100.
C.
In addition to the above-named penalty, the Village
Board of the Village of Potsdam may maintain an action or proceeding
in the name of the Village, in a court of competent jurisdiction,
to compel compliance with or to restrain by injunction the violation
of this chapter and to collect any other incurred storage, towing
or other costs.
Notice to be given by personal service or by
certified mail.[1]
[1]
Editor's Note: The notice is on file in the
office of the Village Clerk.
This chapter may be used and enforced against
any abandoned vehicle already in the possession of the Village of
Potsdam.
