[HISTORY: Adopted by the Board of Trustees
of the Village of New Paltz by L.L. No. 23-1978 (Ch. 52 of the 1978
Code), as amended by L.L. No. 5-1994. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 198.
This chapter shall be known as and may be cited
as the "Abandoned Motor Vehicles Law of the Village of New Paltz."
The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within
the Village of New Paltz is dangerous, unsightly, and a detriment
to the preservation of public health, the protection of property and
the safety and welfare of the residents of the Village of New Paltz.
The outdoor storage of abandoned, junked, discarded and unlicensed
motor vehicles upon privately owned properties within the Village
of New Paltz constitutes an attractive nuisance to children and a
peril to their safety. Such storage constitutes a threat to the safety
and welfare of the residents of the Village of New Paltz since the
fuel tanks frequently contain gasoline or gasoline fumes, and may
be subject to explosion in case of fire. Such storage depreciates
the value of neighboring properties, and is unsightly and discourages
the orderly progressive development of the Village of New Paltz. The
control of the outdoor storage of abandoned, junked, discarded and
unlicensed motor vehicles upon privately owned properties within the
Village of New Paltz is therefore regulated for the preservation of
the public health, safety and welfare of the residents of the Village
of New Paltz.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Means, with regard to a motor vehicle, the intent of the
owner of the motor vehicle not to use the motor vehicle on the public
highways. The intent of the owner of the motor vehicle may be determined
by the physical condition of the motor vehicle, the statements of
the owner of the motor vehicle, the length of time since the motor
vehicle has last been used on the public highway, and whether the
motor vehicle is licensed or unlicensed. With respect to motor vehicles
not required to be licensed, or motor vehicles not customarily used
on the public highway, the intent of the owner may be determined by
the physical condition of the motor vehicle, the length of time it
was last used for the purposes intended and the statements of the
owner.
Any motor vehicle which the owner thereof does not intend
to recover possession thereof, or any motor vehicle to which ownership
cannot be reasonably determined, with due inquiry.
Any motor vehicle in such condition as to cost more to repair
in order to place such motor vehicle in operating condition than the
value of the motor vehicle at any given time.
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power,
which includes electric power obtained from overhead trolley wires
and includes vehicles operated upon rails and such vehicles as are
run only upon rails or tracks. For the purposes of this chapter "motor
vehicles" shall include tractors used exclusively for agricultural
purposes, self-propelled combines, self-propelled corn- and hay-harvesting
machines and self-propelled caterpillar or crawler-type equipment.
For the purposes of this chapter the term "motor vehicle" shall include
motorcycles, omnibuses and mobile homes.
A person having the property in or title to a motor vehicle.
The term "owner" includes a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also includes any lessee or bailee of a motor vehicle having the use
thereof, under lease or otherwise.
Includes the legal owner, contract purchaser, a tenant, lessee,
occupant, undertenant, receiver, or assignee of premises or property
located within the Village of New Paltz.
Includes all parcels of real property situated in the Village
of New Paltz whether occupied or vacant, irrespective of size or topography.
Any motor vehicle which has not been licensed with the proper
authorities for a period of at least 30 days from the expiration of
the last valid licensing, with the exception of those motor vehicles
in the possession of authorized used car dealers or garagemen for
the purpose of sale or repair.
It shall be unlawful for any person, firm or
corporation either as owner, occupant, lessee, agent, tenant or otherwise
of any private property within the Village of New Paltz, to store
or deposit, or cause or permit to be stored or deposited, an abandoned,
junked, discarded or unlicensed motor vehicle or motor vehicles upon
any private land unenclosed by a building within the Village of New
Paltz.
[Amended 2-13-2002 by L.L. No. 4-2002]
A.
Notice to remove. The Building Inspector is hereby
authorized and empowered to notify the owner of any private property
within the Village, or the agent of such owner, to properly dispose
of abandoned, junked, discarded or unlicensed motor vehicles located
on such owner's property. Such notice shall be by mail, registered
or certified, addressed to the owner or agent of the property at his
last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of abandoned, junked, discarded or unlicensed motor vehicles within 10 days after receipt of the written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the Village because of the inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Building Inspector is hereby authorized and empowered to order its disposal by the Village.
C.
In the event the Village disposes of such abandoned, junked, discarded or unlicensed motor vehicles pursuant to Subsection B above, the property owner shall be liable to the Village for an amount equal to the actual cost of the removal and disposal of each vehicle, plus an administrative charge as set annually by resolution of the Board of Trustees as compensation to the Village for supervising and administering such work. Such liability may be enforced through an action or proceeding initiated by the Building Inspector in the name of the Village in the Town Court of the Town of New Paltz, or other court of competent jurisdiction. In the event the owner of the subject premises is found liable by the court for the charge or fails to appear on the date and time specified in the summons or other process of the court, the amount adjudged due shall be a lien upon the subject premises on the real property tax statements issued by the Village Treasurer on the tax collection date next following as provided by law.
[Amended 10-22-2014 by L.L. No. 13-2014]
D.
The collection of this charge shall not preclude the Village from pursuing any other civil or criminal remedies which may be available to enforce the provisions of this article, including the commencement of a civil action or proceeding for injunctive relief and/or the filing of charges pursuant to § 195-6.
[Amended 2-13-2002 by L.L. No. 4-2002; 10-22-2014 by L.L. No.
13-2014]
Without any prior notice, any person who shall fail to comply
with this chapter shall be guilty of a violation pursuant to the Penal
Law and may be fined a sum not exceeding that which is set annually
by resolution of the Board of Trustees. Such penalty shall be collected
by and in the name of the Village for each week that such violation
shall continue. The Building Inspector or Municipal Code Enforcement
Officer shall file charges with respect to any violations and may
issue and serve appearance tickets when he has reasonable cause to
believe that any such violation has been committed.
