[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-24-1994 by L.L. No. 21-1994 (Ch. 209 of the 1989 Code). Amendments noted where applicable.]
This chapter shall be known as the "Junk Vehicles Law of the Village of Endicott."
This chapter is enacted in recognition of the fact that a clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarranted invasion, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village and the general welfare of its citizens. The unrestrained accumulation of motor vehicles not in operating condition is a hazard to such health, safety and welfare of citizens of the Village, necessitating the regulation, restraining and elimination thereof. This chapter is enacted in recognition of the fact that even a single junk vehicle abandoned or stored on private or public property:
Can constitute both a public and private nuisance.
Is a source of potential hurt to children and others who find them an attractive nuisance.
Is replete with broken glass, sharp, torn metal edges and points, gasoline remaining in tanks of a highly explosive combustible nature and hurtful acids in batteries, to mention but a few of the more obvious sources of potential physical hurt found in junk vehicles.
Constitutes a blight on the Village of Endicott landscape.
Destroys the aesthetic qualities of the Village of Endicott and is generally unsightly.
Tends to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the Village of Endicott generally.
Makes the Village a less safe and less pleasant place in which to live and to do business.
Damages the welfare of the Village of Endicott as a whole.
Tends to result in uncontrolled grass and the collection of debris.
Tends to be a breeding ground for insects, rodents and similar harmful creatures.
Definitions. For the purpose of this chapter, the terms used herein are defined as follows:
- JUNK VEHICLE
- Any motor vehicle, whether automobile, bus, trailer, truck, tractor, mobile home, motorcycle, motor bicycle, minibicycle or snowmobile, or any other contraption which is abandoned, stored, left or located by its owner or any other person, or is permitted or condoned to be abandoned, stored, left or located by its owner or any other person, on public or private premises in the Village of Endicott outside any establishment duly licensed by the Village of Endicott for the storage of junk vehicles, which:
- (1) Is not registered by the State of New York for operation on public highways and which has not been registered during the preceding seven months;
- (2) Is not in a condition for its original intended use. A vehicle which is in condition to pass the requirements for the New York State motor vehicle inspection sticker shall be deemed to be in condition for legal use on the public highways. The lack of a current registration or a current inspection permit shall not be considered in determining whether a vehicle is in such condition;
- (3) Is no longer intended to be used for its original purpose, the condition of the vehicle and circumstances surrounding its storage or abandonment being admissible for purposes of determining such intent; or
- (4) Is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for some use some or all of the material therein or for the purpose of disposing of the same.
- OPEN STORAGE
- Storage other than in a completely enclosed structure, such as a garage constructed in accordance with the Village of Endicott Building Code.
- Includes natural persons, corporations, copartnerships, unincorporated associations or any other organization of two or more persons.
- UNREGISTERED VEHICLE or MOTOR VEHICLE NOT CURRENTLY REGISTERED
- A motor vehicle which is not registered by the State of New
York for operation on public highways and which has not been registered
during the preceding seven months.[Added 9-14-2010 by L.L. No. 7-2010]
- Includes all areas within the Village of Endicott, including both public and private areas.
Word usage. The term "shall" is always mandatory. The use of terms in the singular herein is intended, where applicable, to include the plural, and vice versa.
Open storage. Open storage of one or more junk vehicles shall not be permitted on private or public property within the Village.
A motor vehicle not currently registered for operation on public highways shall not be parked within the required street, front yard, rear or side yard setbacks of the zoning district wherein the premises are located.
Notwithstanding the provisions of Subsections A and B hereof, a motor vehicle not deemed to be a junk vehicle, as such term is defined by this chapter, may be stored, for the purpose of sale, in the front yard setback of a premises, subject however, to the following:
A "for sale" sign must be prominently displayed on the motor vehicle.
The motor vehicle must be owned by an occupant of the premises.
Prior to storage for sale, the owner of the motor vehicle must obtain a nontransferable permit for the Village of Endicott. Said permit shall be for a period of 30 days, which said period may, upon application to the Village of Endicott, be extended for an additional thirty-day period.
After the term of the permit has expired, the motor vehicle shall be removed from the front yard setback area of the premises.
Notice to owner by Village. The Village shall give written notice by registered or certified mail or personal service on the owner of the junk vehicle or on the owner or the tenant of any property on which a junk vehicle is openly stored. Such notice shall direct the person so served, regardless of the ownership of the junk vehicle if the property owner or tenant is served, to terminate the open storage of such vehicle within the Village of Endicott within 10 days of personal service or within 13 days from posting where service is by registered or certified mail.
Notice to Code enforcement official by person served. The notice shall state that, if the persons served contend that said vehicle is not a junk vehicle as herein defined, they shall notify the Village Code Inspector or other Code enforcement official so designated by the Village Board, in writing, of such contention within 10 days if served personally or within 13 days if served by certified or registered mail. The failure of the person served to so notify the Village Code Inspector shall not be deemed in any way to be an admission that the vehicle is a junk vehicle and no presumption shall arise from such failure; and the persons served shall allow a representative of the Village, if the latter so desires, to inspect such vehicle within five days of such notification.
Findings by Village. Within five days after such inspection, the Village shall inform the person served of its findings, in writing, by registered or certified mail. If the findings are that one or more of the junk vehicles specified in the original notice are being stored by the person served with the original notice, said person shall terminate open storage of said junk vehicle within the Village of Endicott within five days of personal service of such findings or within eight days from posting where service of such findings is by registered or certified mail.
Institution of proceedings. If the person so served institutes a proceeding under Article 78 of the Civil Practice Law and Rules to set aside said determination, such termination of storage shall not be required pending a decision in the proceeding. If the decision upholds the Village's determination, open storage of the vehicle within the Village shall be terminated within five days following service of notice of entry of the court's order or, if an appeal is taken and a court stay of execution of said proceeding is granted, within five days after expiration of the stay of execution.
Application for permit. Upon written application and payment of the fee of $25, the Village Code Inspector may issue a permit for the open storage of a vehicle within the definition of a junk vehicle under the terms of this law, pending the making of such repairs as are necessary to place said vehicle in a condition for legal operation for use on a public highway or, in the case of an off-road vehicle, to place said vehicle in a condition for its originally intended use.
Intent to repair. The application shall include a representation by the applicant that the applicant intends, within the permit period, to repair the vehicle so that it will be in a condition for use; that if said repairs have not been made by the end of the permit period, that the applicant will terminate open storage of the vehicle with the Village of Endicott by the end of the permit period.
Application requirements. The applicant shall state whether he is the owner of said vehicle or, if not, the name and address of the owner, together with a complete description of the vehicle, full details of its most recent registration by the State of New York, if applicable, and the most recent inspection and its most recent inspection sticker, if applicable, full details of the defect which is to be repaired under the permit, whether the applicant will make the repairs himself or, if not, the person or persons who will make such repairs, the estimated cost of such repairs, the place where the vehicle is presently stored, the place where the repairs will be made and whether the applicant is the owner or tenant in possession of the premises where the vehicle is stored and where it will be repaired.
License for inspection. If the applicant is the owner or tenant in possession of such premises, as a part of the application he shall give to the Village and its designees a license to enter such premises for the purposes of inspecting said vehicle and for removing said vehicle from said premises following the expiration of the permit period if, at such time, said vehicle is a junk vehicle as herein defined. If the applicant is not the owner or tenant in possession of such premises, the application shall include a license from the owner or tenant in possession of said premises to permit such inspection and removal. Such licenses shall also state that the Village shall have the right to make such inspection and removal from any other premises owned by the applicant or the licensor to which such vehicle may be moved within the Village of Endicott. Such license shall also state that it is irrevocable for a period of 90 days from the expiration of the permit.
Permit. A separate permit shall be required for each separate vehicle to be repaired. Such permits shall be issued for not in excess of 60 days and may be extended once only for up to 15 days. No permit shall be issued after the original notice provided for in § 238-5 has been personally served or mailed by registered or certified mail unless the applicant supplies the permit officer with an affidavit stating that he had no knowledge of the Junk Vehicles Local Law and the requirement that a permit be acquired for the restoration of junk vehicles prior to bringing junk vehicles into the Village.
Post-permit proceedings. Inspection after the permit period has expired shall be at a time specified in a notice of inspection at least one day following personal service or three days following service by registered or certified mail. The applicant may participate in the inspection. The procedure of the preceding section for service of the determination, time for removal following such service and for stays on appeal shall apply to such post-permit proceedings.
If, within the time period provided for removal following service of a determination that a vehicle is a junk vehicle (including any extension of time resulting from any appeal or stay of execution), the open storage of a junk vehicle within the Village of Endicott is not terminated, such junk vehicle shall be automatically deemed a public nuisance, and the Village or a representative of the Village shall have the right to enter and remove such vehicle from any premises within the Village where such vehicle may be found and to dispose of such vehicle. Neither the Village nor any person acting on behalf of the Village shall be liable to any person for the disposal or destruction of such junk vehicle. Said right of entry shall not be limited in any way by the existence or lack of existence of a request, authorization, license or other consent or approval of entry, inspection or removal.
A violation of this chapter shall be punishable by a fine of up to $250 per violation or imprisonment of up to three months, or both. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $250 per separate violation or the Village's costs of inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any criminal monetary fine which may have been imposed. Each junk vehicle stored in violation of this chapter shall constitute a separate violation. Each week that such separate violation shall continue or be carried on shall constitute an additional separate violation.
The Village Code Inspector or other code enforcement officer as the Village Board shall designate may make reasonable rulings and may issue reasonable regulations in furtherance of and consistent with this chapter.