[HISTORY: Adopted by the Town Board of the Town of Albion 4-14-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that open storage of abandoned motor vehicles on property within the Town of Albion constitutes an immediate threat to the health, safety and welfare of the residents of the Town of Albion and, in addition, is a detriment to property values and detracts from the appearance and visual environment. Said vehicles constitute an attractive nuisance for young children and hazardous receptacles of gasoline, gasoline fumes, broken glass, sharp metal, combustible and other potentially dangerous materials. The purpose of this chapter is to eliminate those fire and health hazards, to stabilize and improve property values in the Town, to ensure the continued economic development of the area and to protect and enhance the physical and visual environment in the Town through the regulation, restraint and elimination of open storage on property within the Town of Albion of abandoned motor vehicles.
It shall be unlawful for any persons or legal entity, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Albion, to keep in open storage an abandoned motor vehicle or any part or piece thereof on property within the Town of Albion unless:
Said motor vehicle is under repair, reconstruction, refurbishing or being offered for sale by the owners thereof, who must actually be residing at the premises. Such motor vehicle must be under a special permit applied for and issued by the Code Enforcement Officer. Such permit shall state the date of issuance, name and address of owner/resident, make, model, year and color of the vehicle and shall be valid for six months. Not more than one such motor vehicle shall be permitted at any one time on any premises. Said motor vehicle must be maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than six months.
Said motor vehicle is kept under permit issued by the Code Enforcement Officer in open storage on the premises of a duly authorized motor vehicle service station or body repair shop or other similar business establishments while awaiting repair or servicing at such place of business for not more than 60 days and shall be stored in an orderly fashion. The permit required under this subsection may be issued by the Code Enforcement Officer upon application to such Officer and payment of any fee for the same established from time to time by the Town Board of the Town of Albion. Such permit shall be in effect until revoked and shall specify the maximum number of abandoned motor vehicles as defined herein which may from time to time be kept in open storage on the premises described in the application. Any permit issued under this subsection may be revoked by the Code Enforcement Officer for failure to comply with this chapter or other applicable ordinances, rules, regulations, laws or statutes. Appeals from the determination of the Code Enforcement Officer under this subsection shall be to the Zoning Board of Appeals.
As used in this chapter, the following terms shall have the meanings indicated:
- A motor vehicle shall be deemed abandoned for purposes of this chapter if left unattended on property within the Town of Albion with no valid number plates affixed thereto or in such condition as to render it incapable of being legally operated on the highways of the State of New York or legally registered within the State of New York. If the motor vehicle is one which is not required to be licensed or one which is not ordinarily used on the public highway, the fact that said motor vehicle has remained unused for a period of six months and is not capable of being operated under its own power is presumptive evidence that said motor vehicle is abandoned.
- ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town, unless the Town Board by resolution designates some other Town officer as "enforcement officer."
- MOTOR VEHICLE
- Any and all vehicles designed to be propelled or drawn by power other than muscular power. For the purpose of this chapter, the term "motor vehicle" shall include automobiles, trucks, buses, motorcycles, tractor trailers, mobile and motor homes, snowmobiles and all-terrain vehicles. It shall not include pieces of equipment used in agriculture unless the same were originally designed for use on the highways.
- OPEN STORAGE
- The maintaining of a motor vehicle or vehicles located other than in a completely enclosed structure conforming with the Zoning Ordinance of the Town of Albion, except as provided for in § 95-2A and D hereof.
- Any individual person or persons, firm, partnership, corporation, whether business, membership, religious, charitable or otherwise, any association or other unit or entity owning real property in the Town of Albion outside any village therein.
Word usage. The use of a term in the singular herein is intended, where applicable, to include the plural.
If it is determined that a violation of this chapter has occurred, the Code Enforcement Officer shall serve or cause to be served written notice, either personally or by registered mail, return receipt requested, upon the owner, occupant, tenant or person having charge of such private property, advising said person of such violation. Said notice shall contain a general description of the premises and may include or refer to sections of the chapter violated and the approximate location of such motor vehicle or vehicles. The notice shall also contain an order of the Code Enforcement Officer requiring that such person cease and desist in said violation within 10 days after receipt of said notice. In the case of a second documented offense, the ten-day notice may be waived and an appearance ticket may be issued immediately.
[Amended 8-11-2003 by L.L. No. 2-2003]
The open storage of each abandoned vehicle as defined in this chapter shall constitute an offense and each day's continued violation shall constitute a separate violation. Any person committing an offense against the provisions of this. chapter shall be punishable, upon conviction thereof, by a fine of not less than $50, nor more than $250, or by imprisonment for not more than 15 days, or both fine and imprisonment.