[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 5-2-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
[Amended 7-23-2012 by L.L. No. 3-2012]
The Town Board of the Town of Blooming Grove
hereby finds that the storage or presence of abandoned or junked vehicles
on private property creates a public and private nuisance and is harmful
to the public health, safety and welfare. Such vehicles present a
source of serious injury, particularly to children, seriously harm
the aesthetic qualities of the neighborhood and Town, and tend to
depreciate the value of properties in the neighborhood and in the
Town. The Town Board finds that the problems can be diminished by
permitting the outside storage of only one such vehicle on a parcel
of property and requiring that any and all additional such vehicle(s)
must be stored within a garage or other enclosed structure.
As used in this chapter, the following terms
shall have the meanings as indicated:
[Amended 7-23-2012 by L.L. No. 3-2012]
Any vehicle that is:
Unlicensed, old, wrecked, damaged, stored, discarded, dismantled
or partly dismantled and which is not intended for legal use upon
the public highway; or
Being held or used for the purpose of resale of used parts therefrom
or for the purpose of reclaiming for use some or all of the materials
therein for the purpose of disposing of the same; or
Left unattended for more than 96 hours on property of another
if left without permission of the property owner.
The fact that a vehicle does not display a current vehicle registration
or current license plate shall be presumptive evidence that such vehicle
is not intended for legal use upon the public highway.
With respect to any vehicle not required to be licensed or not
usually used on public highways, the fact that such vehicle has remained
unused for its intended purpose for more than six months or is not
in condition to be removed under its own power shall be presumptive
evidence that such vehicle is an abandoned or junked vehicle.
The term "vehicle" includes any part of a vehicle, including
but not limited to tires and metal.
The term "vehicle" includes any trailer, container, cart or
other similar object that may be towed by a vehicle and includes the
contents thereof.
The use of a term in the singular is intended, where applicable,
to include the plural.
The words "motor vehicle" in this chapter shall be deemed to
mean "vehicle" as defined herein.
The Building Inspector, any officer of the Police Department
or any person authorized to issue appearance tickets in the Town.
Any person, firm, partnership or corporation, whether business
membership, religious, charitable or otherwise, or any association
or any other unit or entity owning real property in the Town of Blooming
Grove.
It shall be unlawful for any person to store
or deposit or cause, suffer or permit to be stored or deposited more
than one abandoned, junked or inoperative motor vehicle or part or
piece thereof outside of an enclosed structure on any private property
within the Town.
A.
Any person who violates any provision of this chapter
shall be subject to the jurisdiction of any court of competent jurisdiction
and shall be subject, for each violation, to a fine or civil penalty
not exceeding $500 or imprisonment not to exceed 15 days, or both.
Each day such violation is committed or allowed or suffered to continue
shall constitute a separate violation and shall be punishable as such.
[Amended 4-25-2005 by L.L. No. 3-2005]
B.
In addition or as an alternative to the above provided penalties, the Town may commence a vehicle removal administrative proceeding pursuant to § 224-5.
C.
In addition or as an alternative to the above provided
procedures and penalties, the Town Board may maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this chapter.
In addition or as an alternative to the fines, penalties and other remedies provided in § 224-4, any abandoned, junked or inoperative motor vehicle in violation of § 224-3 may be removed from the property on which it is located in the following manner:
A.
Notice and hearing.
(1)
The enforcement official shall serve written notice,
either by personal service on the property owner, tenant or agent,
or by certified mailing to the owner of the private property on which
the vehicle is located and posting a copy of such notice in a conspicuous
place on the subject property, ordering such property owner to remove
the vehicle or cause the vehicle to be removed therefrom within 10
days after the date of a hearing before the Town Zoning Board of Appeals
(ZBA). Such notice shall be mailed at least five days prior to the
hearing and shall state the date of the hearing.
(2)
Such notice shall also state that:
(a)
Failure to remove the vehicle within the specified
period shall cause legal title to the vehicle to vest in the Town
and shall grant to the Town the legal right to enter upon the premises
to remove and sell or dispose of said vehicle.
(b)
At the hearing, the property owner is entitled
to be represented by counsel and present testimony and witnesses.
(c)
The expense of such removal, storage and sale
or disposal, including the costs of this proceeding, shall be charged
to the vehicle owner and property owner and may be charged against
the property and, if unpaid, said charge may be assessed, levied and
collected in the same manner as a real property tax.
(3)
The enforcement official may determine the ownership
and the address of the owner of any parcel of land in the Town from
the current assessment roll.
(4)
Following the aforesaid hearing before the ZBA, the
ZBA may affirm, modify or rescind the enforcement official's order.
B.
Removal. In the event that said abandoned, junked
or inoperative motor vehicle is not removed from the premises within
10 days after the hearing, or within such other time period as the
ZBA may specify, the Town shall have the right to enter upon the premises
and to remove, store and sell or dispose of said vehicle. The expense
of such removal, storage and sale or disposal, including the costs
of the proceeding, shall be a lawful charge against the owner of the
vehicle and the owner of the property. If said charge is not paid
as required, said charge may be assessed and levied against the property
and collected in the same manner as a real property tax or, in the
alternative, said charge may be collected in a civil action instituted
in the name of the Town.
C.
Acquisition of title to vehicle by Town.
(1)
If a vehicle which is declared abandoned, junked or inoperative by the enforcement official has no current registration, inspection sticker or license plate and is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, title to such vehicle shall vest in the Town 10 days subsequent to the public hearing provided for in § 224-5A. Such determination as to wholesale value shall be made by the enforcement official.
(2)
For vehicles other than those governed by Subsection C(1) above, the Town shall notify the last owner of the vehicle and any lienholders thereon that the Town has commenced procedures to acquire title to the vehicle, and if such vehicle is not claimed and removed from the property within 10 days subsequent to the aforesaid public hearing, title to such vehicle shall vest in the Town.
(3)
Notwithstanding the above, if an abandoned, junked
or inoperative motor vehicle has no license plate affixed and is of
a wholesale value, taking into consideration the condition of the
vehicle, of $750 or less, the Town shall not be required to obtain
title to such vehicle if the vehicle will be sold or otherwise disposed
of as junk or salvage, dismantled for use other than as a motor vehicle,
or otherwise destroyed.
D.
Sale, use and disposal of vehicle.
(1)
The Town Board shall determine if an abandoned, junked or inoperative motor vehicle is suitable or feasibly may be made suitable for operation on the public highways. If the vehicle is so suitable, the vehicle shall be sold after public bid to the highest bidder or converted pursuant to Subsection D(2) below.
(2)
The Town Board may convert to its own use those abandoned, junked or inoperative motor vehicles not affected by § 224-5C(3) above or may, by sale or gift, transfer title to any such vehicles to any other municipal corporation for use by its law enforcement agency; provided, however, that the total number of vehicles converted and/or transferred in any calender year shall not exceed two such vehicles.
(3)
If the Town Board determines that an abandoned, junked
or inoperative motor vehicle is not suitable for operation on the
public highways or if a vehicle does not have a vehicle identification
number plate, the Town shall sell the vehicle to a vehicle dismantler
or scrap processor registered or certified pursuant to § 415-a
of the New York State Vehicle and Traffic Law or to a vehicle dismantler
or scrap processor who does not have a place of business in this state
but who conforms to the laws and regulations of the state in which
he has a place of business.
(4)
Any proceeds from the sale of an abandoned, junked
or inoperative vehicle, less all costs and expenses incurred by the
Town in the entire proceeding, shall be held by the Town without interest,
for the benefit of the immediate past owner of such vehicle, for a
period of one year. If not claimed within such one-year period, said
proceeds shall be paid into the general fund of the Town.
