[HISTORY: Adopted by the Common Council of the City of Oswego 5-12-1980 as Ch. 66 of the 1980 Code; amended in its entirety 10-28-2019 by L.L. No. 7-2019. Subsequent amendments noted where applicable.]
The seriousness of the outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles upon City property, City streets, and privately owned land within the City of Oswego increases with each passing month. The outdoor storage of such vehicles constitutes an attractive nuisance to children and a peril to safety, depreciates neighborhoods and is unsightly for adjoining property owners.
As used in this chapter and throughout the City Code, the following words shall have the meanings indicated:
- JUNKED, ABANDONED OR DISCARDED MOTOR VEHICLE
- Any automobile, motor vehicle, truck, or vehicle of any type, as further defined in Article 1 of the Vehicle and Traffic Law, that fits any of the following criteria: uninspected, unregistered, without valid license plates or otherwise not in physical condition for use on public thoroughfares. This shall also include any portion of said motor vehicle, such as the trailer of a tractor trailer, or the rear section of a multi-wheeled vehicle.
Exceptions to this section will be granted only to new- and used-car sales establishments duly licensed and approved to do business in the City of Oswego and the State of New York and at registered motor vehicle repair shops when such storage is temporary in nature. For the purpose of this section, "temporary" shall mean only that length of time that is absolutely necessary to perform the automotive repairs causing the vehicle to be in such storage.
The storage or parking of any junked motor vehicle, as defined by this chapter, is strictly prohibited on any City street or vacant property owned by the City of Oswego. When speaking of a City street in conjunction with this chapter, the word "street" is not confined to the paved roadway but encompasses all property owned and controlled by the City of Oswego from building line to building line on any City street or thoroughfare.
The storage of any automobile, motor vehicle, truck or vehicle of any type that qualifies as junked, abandoned or discarded, under this chapter, on any private property within the confines of the City of Oswego shall constitute a violation of this chapter. Such junked or abandoned vehicles shall be stored in an enclosed garage or placed in licensed junkyards that are licensed by the City and designated for that purpose.
Upon complaint by a citizen or upon a finding taken by a City official, formal written notice shall be served upon the owner of the vehicle(s) involved or, in the case of private property, upon the property owner, of any violation of this chapter. Notice shall require the owner of the vehicle, or property owner, to remedy the violation within 14 calendar days. Such service shall be carried out by a representative of the City of Oswego, through the Office of Code Enforcement or the City Police Department.
If any property owner, occupant, lessee, agent or tenant fails to remedy the violation within 14 calendar days, it will result in the vehicle being removed by the City of Oswego and the costs associated thereof shall be assessed against the owner of the vehicle, in accordance with § 257-68 of the Vehicle and Traffic Law of the City of Oswego. After the removal of any vehicle as provided in this article, the vehicle shall be stored in a suitable place at the expense of the owner. For the purpose of this section, a "suitable place" shall be deemed to mean a properly fenced-in area owned or maintained by the City or a privately owned fenced-in area for which a towing company has provided a bond and evidence of insurance in the minimum amount of $1,000,000 naming the City of Oswego as an additional named insured on such policy. The Traffic Section shall maintain a list of such suitable places. A storage charge shall be $100 per day. Such charge shall be in addition to any fine payable for violation of laws, ordinances, rules or regulations.
Any property owner, occupant, lessee, agent or tenant who shall refuse and neglect to remove the abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or shall otherwise violate the provisions of this chapter, or who shall resist or obstruct the agents of the City from removing the vehicle(s) involved, shall be subject to a fine not to exceed $1,000 for each violation of this chapter.
This chapter shall take effect immediately upon filing with the Secretary of State.