[Adopted 6-3-1969 as Ch. 39, Art. II, of the 1969 Code
of the Town of Huntington; amended in its entirety 7-1-2003 by L.L. No. 26-2003]
It is declared that the unrestrained accumulation
of junk motor vehicles is a hazard to the health, safety and welfare
of inhabitants, visitors and guests in the Town of Huntington. Places
in which junk motor vehicles are stored tend to become overgrown with
weeds, littered with rubbish and debris and infested with rats, mice,
insects, reptiles and other vermin. It is the intent of the Huntington
Town Board, pursuant to § 64(5-a) and § 130(15)
of the Town Law and all other applicable and successor laws and rules,
to maintain a clean, wholesome, attractive community and environment
and to guard against the creation of attractive nuisances to children
and conditions which may endanger the health, safety and welfare of
Town residents; spread disease; invite plundering; attract vagrants;
create fire hazards; reduce the value of property; interfere with
the use and enjoyment of adjoining properties and interfere with the
comfort and well-being of the public. At the same, it is recognized
that owners and/or occupants of residentially-zoned or residentially-utilized
parcels within the Town of Huntington may need to be accommodated
when not in conflict with the expressed purpose of this article.
For the purpose of this article, the following
words shall have the meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than twenty-five (25) years prior to the current year, which
has been maintained in or restored to, or shall, within six (6) months
following written notification by the Town or service of a notice
of violation, be maintained in or restored to a condition which is
substantially in conformance with the manufacturer's specifications.
The burden of establishing that a motor vehicle is an antique motor
vehicle and not a junk motor vehicle is upon the defendant.
A motor vehicle, but not a reproduction thereof, manufactured
more than fifteen (15) years prior to the current year and which,
because of discontinued production and limited availability, is considered
to be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to, or shall, within
six (6) months following written notification by the Town or service
of a notice of violation, be maintained in or restored to a condition
which is substantially in conformity with the manufacturer's specifications
and appearance. The burden of establishing that a motor vehicle is
a classic motor vehicle and not a junk motor vehicle is upon the defendant.
Any motor vehicle which is either unregistered, or uninspected,
or dismantled (in whole or in part), or in a rusted or wrecked condition,
or in such condition or state of disrepair that such vehicle can not
be registered immediately without extensive repair, or for which the
cost of repair exceeds the book value of the motor vehicle.
Any vehicle, whether automobile, bus, trailer, truck, mobile
home, motorcycle, motor bicycle, minicycle or other contraption propelled
or drawn by power other than muscular power, and originally manufactured
or intended for use on public highways.
A.
No person or business entity shall, in any residentially-zoned
or residentially-utilized lot or tract of land, whether or not improved
by a building structure, cause, suffer, permit, allow and/or maintain
more than one (1) junk motor vehicle to be deposited, collected, stored,
parked or kept in the open so as to be visible to the general public
or outdoors; and no such junk motor vehicle shall be deposited, collected,
stored, parked or kept in such manner so as to constitute a nuisance
to the general public or a hazard to children.
B.
The deposit, storage, parking and/or collection of
one (1) junk motor vehicle permitted by this article, and the deposit,
storage, parking and/or collection of any antique or classic motor
vehicle within such six (6) month period as set forth in this article,
shall not occur in the area between the street right-of-way and the
front line of the main building structure projected to the side lot
lines in any residentially-zoned or residentially-utilized lot or
tract of land.
A.
Notice to remove. In addition to issuing a notice
of violation, appearance ticket, and/or a summons, the Director of
Public Safety, or his/her designee, is authorized to notify the property
owner, or his agent, and/or occupier of the premises in writing to
remove said offending vehicle(s) within seven (7) days of receipt
of such written notice. Such notice shall be mailed by certified or registered mail, return receipt
requested, and addressed to the property owner at the last address
shown on the most current assessment role on file in the Office of
the Town Assessor, or to the owner's agent at the last known address,
and/or to the person or business entity occupying the premises at
the property location.
[Amended 7-21-2020 by L.L. No. 20-2020]
B.
Action upon noncompliance. Upon the failure, neglect
or refusal of such owner, agent, and/or person or business entity
occupying the premises to remove said vehicle(s) within the specified
period of time; or if the mailing is returned by the Post Office because
of the inability to make delivery for any reason, as long as the notice
was properly addressed, the Director of Public Safety may refer the
matter to the Town Board for further action.
C.
Action of the Town Board. The Town Board, by resolution,
may direct the property owner, his agent, and/or person or business
entity occupying the premises to remove the offending vehicle(s) from
the premises within ten (10) days of receipt of a copy of the resolution,
and upon the failure, neglect or refusal of such person or business
entity to comply, the Town Board may authorize Town personnel, upon
reasonable notice to such owner, or agent, and/or occupier, to enter
the premises for the purpose of removing the vehicle(s) from the property
at the expense of the property owner, his agent, and/or occupier and
to store, or sell for scrap or at public auction, or otherwise dispose
of the vehicle(s), as deemed necessary by the Department of Public
Safety. A copy of the resolution shall be mailed by the Town Attorney's
Office by certified or registered mail, return receipt requested,
and addressed to the property owner at the last address shown on the
most current assessment role on file in the Office of the Town Assessor,
or to the owner's agent at the last known address, and/or to the person
or business entity occupying the property at the location of the property.
D.
Removal of the hazard or nuisance. Upon the failure,
neglect or refusal of such owner, agent, and/or person or business
entity occupying the premises to remove said vehicle(s) within the
period provided by the Town Board; or if the mailing is returned by
the Post Office because of the inability to make delivery for any
reason, as long as the notice was properly addressed, Town personnel
may, upon reasonable notice, take all necessary action to remove or
abate the hazard or nuisance at the expense of the property owner,
his agent, and/or occupier of the land as set forth in this article.
A listing of all vehicles removed, with a description of their condition,
approximate age, color, make, model and contents, if any, shall be
maintained and kept by the Department of Public Safety whenever possible.
E.
Any person or business entity who resists, obstructs
or impedes the agents, servants, officers and/or employees of the
Town of Huntington in the remediation or removal process shall be
in violation of this article and shall be subject to the fines and
penalties provided herein.
F.
Any vehicle removed and/or stored shall be done so at the expense of the property owner, or his agent and/or occupier of the land as set forth below. The Department of Public Safety shall provide notice to the property owner, or his agent, and/or occupier of the premises by certified or registered mail, return receipt requested as provided in § 156-42(A), of the name and address of the storage facility where the vehicle(s) is being stored, and shall provide notice that any vehicle(s) not claimed or redeemed within twenty (20) days of receipt of the notice, shall be deemed abandoned property, and same shall be sold at public auction or sold for scrap or otherwise disposed of by the Town. The notice shall further state that the proceeds of any sale, shall be used to defray the direct and indirect costs of abating the nuisance, including but not limited to, providing all necessary notices; removal, storage, sale and/or disposal of the vehicle(s) and its contents; and all other expenses incidental thereto, including but not limited to, a two hundred ($200) surcharge for administrative costs. Said surcharge is intended to reimburse the Town for monies and time expended by its employees in abating the nuisance and collecting the sums due, including but not limited to, notifying the appropriate party, certifying the amount due to the Town, and/or charging same against the property. In addition to the above charges, the owner or person in charge of any vehicle removed and/or stored shall be liable for the following fees and charges: (a) Removal/towing of vehicle: five hundred dollars ($500); (b) Storage of vehicle: ten dollars ($10) per day or any part thereof.
[Amended 8-1-2021 by L.L. No. 41-2021]
G.
All sums due the Town shall be fully paid before any vehicle is released from storage. If the vehicle(s) is not claimed at the expiration of twenty (20) days, the vehicle(s) and its contents may be sold or otherwise disposed of by the Town without further notice. Each item being sold or disposed of shall be photographed by the Department of Public Safety before any action is taken. The proceeds of any sale shall be used to defray the costs incurred by the Town as enumerated in § 156-42F.
H.
The proceeds of a sale, less the costs incurred by the Town as set forth in § 156-42F, shall be held by the Town, without interest, for the benefit of the owner of the property, or his agent, or occupier of land for a period of one year. Notice of the remaining balance on hand shall be made to the owner of the property, or to his agent, and/or the occupier of the land in the manner set forth in this article by the Town Attorney. Proof of ownership to the satisfaction of the Town shall be provided before any proceeds are released. If the proceeds are not claimed within such one-year period, then all such proceeds shall be paid into the general fund of the Town.
I.
In the event the proceeds of a sale are not sufficient
to reimburse the Town for all expenses incurred, or if the vehicle(s)
has been disposed of without a sale, the costs incurred by the Town
shall be certified by the Director of each Town department providing
services, and the Town Attorney shall mail written notice of such
costs to the owner of the premises by certified or registered mail
return receipt requested and addressed to the last address shown on
the most current assessment role on file in the Office of the Town
Assessor, or to his agent at the last known address, and/or to the
occupier of the land at the location of the property. Said notice
shall further state that failure of the property owner, his agent
and/or the occupier of the land to pay such sums shall be cause to
add the amount due to the tax bill without further notice. Said owner,
agent and/or occupier shall have ten (10) days of receipt of such
written notice to pay the full amount of such costs by cash; certified
or bank check; or money order.
J.
Recovery of costs; tax lien. In the event the property
owner, his agent, and/or occupier of the land fails, refuses and/or
neglects to pay the monies due and owing to the Town within said ten-day
period, or if the mailing is returned by the Post Office because of
the inability to make delivery for any reason, as long as the notice
was properly addressed, such certification of costs shall be provided
to the Town of Huntington Tax Receiver who shall cause the costs as
shown thereon to be charged against such lands without further notice.
The amount so charged shall forthwith become a lien against such lands
and shall be added to and become part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
A person or business entity who commits or permits any acts in violation
of any provision of this article shall be deemed to have committed
an offense against this article and shall upon conviction thereof,
be subject to a fine of not less than five hundred ($500.) dollars
and not more than one thousand five hundred ($1,500.) dollars. Each
day, or part thereof, such violation continues or is permitted to
exist shall constitute a separate offense, punishable in like manner.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this article shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
herein for any offense or continuing offense.
(B)
In addition to the penalties set forth above and any other remedy
available to the Town, the Town Attorney 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 article, and/or to recover legal fees.
(C)
In addition to the penalties set forth above, the Town Attorney may
maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than two hundred
fifty ($250.) dollars nor more than one thousand five hundred ($1,500.)
dollars per day for each violation of this article.
(D)
In the event the sums due and owing to the Town are not charged against
such lands as provided in this article, the Town Attorney may maintain
a civil action in the name of the Town in a court of competent jurisdiction
to recover such sums against the property owner, and/or his agent,
and/or the occupier of the land.
