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:
A. Can constitute both a public and private nuisance.
B. Is a source of potential hurt to children and others
who find them an attractive nuisance.
C. 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.
D. Constitutes a blight on the Village of Endicott landscape.
E. Destroys the aesthetic qualities of the Village of
Endicott and is generally unsightly.
F. 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.
G. Makes the Village a less safe and less pleasant place
in which to live and to do business.
H. Damages the welfare of the Village of Endicott as
a whole.
I. Tends to result in uncontrolled grass and the collection
of debris.
J. Tends to be a breeding ground for insects, rodents
and similar harmful creatures.
[Amended 2-26-2019 by L.L. No. 4-2019]
A. Open storage of one or more junk vehicles shall not be permitted
on private or public property in the Village of Endicott.
B. A motor vehicle not currently registered for operation on public
highways shall not be permitted within the required street, front
yard, rear or side yard setbacks of the zoning district wherein the
premises are located.
C. Notwithstanding the provisions of Subsections
A and
B hereof, a vehicle not deemed 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 premises, subject however, to the following:
(1) A "for sale" sign must be prominently displayed on the motor vehicles,
campers and off-road vehicles.
(2) The motor vehicles, campers and off-road vehicles must be owned and
registered by an occupant of the premises.
(3) Prior to storage for sale, the owner of the motor vehicles, campers
and off road vehicles must obtain a nontransferable permit from 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.
(4) After the term of the permit has expired, the motor vehicle, campers
and off road vehicles; shall be removed from the front yard setback
area of the premises; only two sale permits will be allowed per household
per calendar year.
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.