[HISTORY: Adopted by the Town Board of the
Town of Clay 11-16-1998 by Ord. No. 98-02. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle, as defined in the Vehicle
and Traffic Law of the State of New York, that is:
Unlicensed, wrecked, stored, discarded, dismantled
or partly dismantled or which is not intended or in any condition
for legal use upon a public highway.
Being held or used for the purposes of resale
of used parts therefrom or for the purpose of reclaiming for the use
of some or all of the materials therein for the purpose of disposing
of the same.
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 is not in condition to be removed under its own
power shall be presumptive evidence that such motor vehicle is an
abandoned, junked or inoperative 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 is intended,
where applicable, to include the plural.
The Commissioner of Planning and Development, any Code Enforcement
Officer of the Department of Planning and Development, or any officer
of the prevailing law enforcement agency acting on behalf of the Commissioner
of Planning and Development.
[Amended 7-20-2009 by L.L. No. 3-2009]
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, receiver or assigns of private premises
or private property or any other unit or entity owning real property
in the Town of Clay.
Includes that portion of the Town of Clay located outside
of the corporate limits of the Village of North Syracuse.
It shall be unlawful for any person within the
Town to store or deposit or cause, suffer or permit to be stored or
deposited an abandoned, junked or inoperative motor vehicle or part
or piece thereof on any private property within the Town, except:
A.
A vehicle stored within a garage or other enclosed
structure.
B.
One or more vehicles located at a business enterprise
operating in a lawful place and manner, when keeping or maintenance
of such vehicle(s) is necessary to the operation of such business.
C.
Any vehicle stored in a depository maintained by the
Town.
D.
One unlicensed, but not disabled, vehicle may be stored
on any one property in any residential or agricultural zoned district.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the Town in violation of § 216-2 of this chapter may be removed from the premises in which it is located in the following manner:
A.
The enforcement official shall serve written notice per § 216-6 of this chapter, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of said notice or within another time frame determined by the Commissioner of Planning and Development.
B.
In the event that said abandoned, junked or inoperative motor vehicle or vehicles are not removed from the premises within the time required in the notice, or as deemed appropriate by the Commissioner of Planning and Development, the Town or its agent shall be authorized to enter upon the premises and to remove and dispose of the abandoned, junked or inoperative motor vehicle or vehicles. The expense of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected, if necessary, in a civil action instituted in the name of the Town or in the same manner as general Town taxes. This will include any legal fees and an administrative fee. Said administrative fee shall be in the amount as shown in Chapter 105, Fees.
[Amended 8-20-2012 by Ord. No. 2012-02]
[Amended 3-7-2016 by Ord.
No. 2016-02]
Any owner, lessee, tenant, occupant, agent or other person who shall neglect and refuse to remove such abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or who shall fail or refuse to comply with the provisions of any notice herein provided for or who shall violate any of the provisions of this chapter or who shall resist or obstruct the duly authorized police officer with a valid warrant, agents, servants, officers and employees of the Town in the removal and destruction thereof shall, upon conviction thereof, in addition to the cost of removal, be subjected to the penalty specified in Chapter 230, Article I, of the Clay Town Code. Each week that such violation shall continue shall constitute a separate violation for which no further notice of any kind needs to be filed.
Whenever a violation of this chapter occurs,
any person may file a written complaint in regards thereto. All such
written complaints shall include the name, address, and signature
of the complainant, and shall be filed with the Commissioner of Planning
and Development, who shall properly record such complaint and immediately
investigate.
A written notice of violation of this chapter
and an order to remedy said violation shall be served personally upon
the owner of the property; or sent by certified mail with a return
receipt, and by regular mail addressed to the last known address of
the owner; and/or posted in a conspicuous place on the property or
motor vehicle.
