[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:
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.
A.
JUNK VEHICLE
(1)
(a)
(b)
(c)
(d)
(e)
(2)
OPEN STORAGE
PERSON
UNREGISTERED VEHICLE or MOTOR VEHICLE NOT CURRENTLY REGISTERED
VILLAGE
Definitions. For the purpose of this chapter, the
terms used herein are defined as follows:
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, which:
[Amended 3-16-2020 by L.L. No. 17-2020]
Is not registered by the State of New York for operation on
public highways and which has not been registered during the preceding
30 days;
Is not in a condition for its original intended use;
Is no longer intended to be used for its original purpose;
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;
or
Cannot be safely operated on public streets for reasons including,
but not limited to, damage to the vehicle's body, frame, or wheels
or damage to the vehicle's mechanical, hydraulic, electrical, or safety
systems.
Notwithstanding the foregoing, a motor vehicle
located on the property of a licensed motor vehicle repair shop for
the purpose of being repaired shall not be considered a junk vehicle,
provided such motor vehicle is located on such property for no more
than 30 days.
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.
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 30 days.
[Added 9-14-2010 by L.L. No. 7-2010; amended 3-16-2020 by L.L. No. 17-2020]
Includes all areas within the Village of Endicott, including
both public and private areas.
B.
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.
[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.
A.
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 United States mail.
[Amended 3-16-2020 by L.L. No. 17-2020]
B.
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.
C.
Findings by Village. Within five days after such inspection,
the Village shall inform the person served of its findings, in writing,
by United States 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 United States mail.
[Amended 3-16-2020 by L.L. No. 17-2020]
D.
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.
A.
Application for permit. Upon written application and
payment of the fee of $25, the Village Code Inspector may issue a
thirty-day permit once per twelve-month period to the owner or tenant
in possession of the premises for the open storage of a vehicle within
the definition of a junk vehicle under the terms of this chapter,
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.
[Amended 3-16-2020 by L.L. No. 17-2020]
B.
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.
C.
Application requirements. The applicant shall prove
whether he is the owner of said vehicle and provide a complete description
of the vehicle, full details of its most recent registration by the
State of New York, the most recent inspection, 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.
[Amended 3-16-2020 by L.L. No. 17-2020]
D.
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.
E.
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 United States mail.
[Amended 3-16-2020 by L.L. No. 17-2020]
F.
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 United States 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.
[Amended 3-16-2020 by L.L. No. 17-2020]
G.
A licensed
vehicle repair shop shall not be required to obtain a permit for the
open storage of vehicles within the definition of a "junk vehicle"
under the terms of this chapter, provided that the vehicles are located
on the property of the licensed repair shop for the purpose of being
repaired and are located on such property for no more than 30 days.
[Added 3-16-2020 by L.L. No. 17-2020]
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.
