[HISTORY: Adopted by the Common Council of
the City of Amsterdam 10-6-1992. Amendments noted where applicable.]
[Amended 7-1-2008 by Ord.
No. 2008-8]
The Common Council of the City of Amsterdam
hereby finds that the storage or presence of abandoned, junked or
inoperative motor vehicles or the repair of motor vehicles on private
property, except at a duly licensed repair shop or vehicle dealership,
creates a public and private nuisance and is harmful to the public
health, safety and welfare. Such vehicles present a source of serious
injury, particularly to children, seriously harm the aesthetic qualities
of the City and tend to depreciate the value of properties in the
neighborhoods of the City. The Common Council finds that the problem
can be diminished by permitting the storage and/or repair of such
vehicles only within a garage or other enclosed structure and only
under the restrictions as set forth in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle, as defined in the Vehicle
and Traffic Law of the State of New York, that is:
Unlicensed, old, wrecked, stored, discarded,
dismantled or partly dismantled and which is not intended or in any
condition for legal use upon the public highway.
Being held or used for the purpose of resale
of used parts from the motor vehicle or for the purpose of reclaiming
for use some or all of the materials from the motor vehicle for the
purpose of selling or transferring those materials.
In such condition as to cost more to repair
and place in operating condition than the reasonable market value
of the vehicle prior to such repair.
Left unattended for more than 96 hours on property
of another if left without permission of the property owner.
With respect to any motor vehicle not required
to be licensed or not usually used on public highways, the fact that
such motor vehicle has remained unused for more than three months
and is not in condition to be removed under its own power shall be
presumptive evidence that such motor vehicle is an abandoned, junked
or inoperative motor vehicle.
The fact that a motor vehicle does not display
a current motor vehicle registration or license plate in the name
of a homeowner or tenant or the name of a member of his immediate
family shall be presumptive evidence that such motor vehicle is not
in any condition for legal use upon the highways or is being repaired
in violation of this chapter.
The use of the term in the singular herein is
intended, where applicable, to include the plural. The use of the
masculine is intended, where applicable, to include the feminine.
The Police Chief of the City of Amsterdam or any official
subordinate to the Police Chief acting at his direction.
Any person, firm, partnership or corporation, whether business
membership, religious, charitable or otherwise, or any association
or any other unit or entity owning real property in the City of Amsterdam.
[Amended 7-1-2008 by Ord.
No. 2008-8]
It shall be unlawful for any person within the
City to store or deposit, or to cause, suffer or permit to be stored
or deposited, any abandoned, junked or inoperative motor vehicle or
part or piece thereof on any private property within the City, except
within a garage or other enclosed structure or except at a duly licensed
repair shop or vehicle dealership.
It shall be unlawful for any person to perform
automotive repair or maintenance on any motor vehicle in an area zoned
for detached single-family or multifamily dwelling units in the City,
except under the following condition: Any person may perform automobile
maintenance or repair work on a currently licensed motor vehicle titled
in his name or in the name of a member of his immediate family, provided
that such work shall be done on the premises of his residence; and
provided, further, that such work shall not be performed in violation
of any other City ordinance.
It shall be unlawful for any person to perform
repairs or maintenance on any combustion engine in an area zoned for
detached single-family dwelling units in the City, except under the
following conditions: Any person may perform maintenance or repair
work on a combustion engine owned by a property owner or tenant or
a member of his immediate family, provided that such work shall be
done on the premises of his residence; and provided, further, that
such work shall not be performed in violation of any other City ordinance.
[Amended 7-1-2008 by Ord.
No. 2008-8]
[Amended 7-1-2008 by Ord.
No. 2008-8]
Any abandoned, junked or inoperative motor vehicle found within the City in violation of § 232-3 may be removed from the premises on which it is located by the City of Amsterdam or its agents after the following steps are taken:
A.
Notice.
(1)
The enforcement official shall:
(a)
Serve written notice either by personal service
on the property owner, tenant or agent or by certified mail, return
receipt requested, to the property owner or tenant of the private
property on which the vehicle is located. If such parcel is occupied
and/or owned by one or more individuals, personal service on any one
of such individuals shall suffice.
(b)
Mail via first-class mail to the titled owner of the vehicle, registrant
of the vehicle, if any, and to the owner of the real property where
the abandoned, junked or inoperative motor vehicle is located a notice
as specified herein.
(c)
Post a copy of such notice in a conspicuous
place on the subject real property and the abandoned, junked or inoperative
motor vehicle ordering the owner of the vehicle, property owner or
tenant to remove the vehicle or cause the vehicle to be removed from
the property by the date specified in the notice.
(2)
Such
notice shall state the following information:
(a)
The date of the notice.
(b)
A description of the abandoned, junked or inoperative
motor vehicle, including the VIN number, if available, registration
holder and titled owner.
(c)
The following statement: “This vehicle is an abandoned, junked or inoperative motor vehicle as defined in Chapter 232 of the Code of the City of Amsterdam; storage of a vehicle of this type outside of a building is prohibited in the City of Amsterdam. If the vehicle is not removed or registered and repaired within seven days of the date of this notice, then the vehicle will be towed away by the City of Amsterdam, and all associated costs will be charged to the owner of the real property where the vehicle was located.”
(d)
A description of the parcel of property, including
the address and owner of record, where the vehicle is located.
(3)
Such notice shall also state in plain English that:
(a)
Failure to remove the vehicle in the time period
set forth in the notice will cause legal title to the vehicle to vest
in the City and will grant to the City the legal right to enter upon
the premises to remove and dispose of said vehicle.
(b)
All of the costs of such removal and disposal
shall be charged against the real property upon which the vehicle
was stored.
(4)
The ownership and the address of the owner of any
parcel of land in the City shall be determined from the current assessment
roll. The address of the titled owner or registrant shall be that
which is listed with the New York State Department of Motor Vehicles
or any other state's motor vehicle department, if applicable.
B.
Removal. In the event that the abandoned, junked or inoperative motor vehicle is not removed from the premises within the time period specified in the notice, the City shall have the right to enter upon the premises and to remove and dispose of the vehicle after proper notice has been given pursuant to § 232-7A. All of the cost of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected in a civil action instituted in the name of the City or levied and charged against said real property.
C.
Acquisition of title to vehicle by City.
(1)
If a vehicle which is declared abandoned by the Police
Chief has no current registration or license plate and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$750 or less, then title to such vehicle shall vest in the City 10
days after removal by the City. The determination as to wholesale
value shall be made by the Police Chief.
(2)
For vehicles other than those governed by Subsection C(1) above, the City shall notify the last owner of the vehicle and any person or corporation holding a lien on the vehicle, by certified mail and first-class mail directed to the address of record in the New York State Department of Motor Vehicles, that the City has commenced procedures to acquire title to the vehicle, and, if the vehicle is not claimed within 10 days after such notification by the City, title to the vehicle will vest in the City.
This chapter shall not be construed to prohibit
the renovating and restoration of a motor vehicle which is or could
be classified as historic by or under the provisions of the Vehicle
and Traffic Law of the State of New York or any regulations promulgated
by the Commissioner of Motor Vehicles of the State of New York; provided,
however, that such vehicle shall be subject to the following regulations:
A.
The vehicle shall be placed on blocks with the wheels
and tires removed.
B.
The vehicle shall be surrounded with suitable screening
or fencing so as to prohibit the same from being visible from the
street or contiguous property owners.
C.
The vehicle shall not be located on a front yard.
D.
No more than one such vehicle shall be stored on any
separate property in any residential zone within the City of Amsterdam.
E.
To be eligible for this exclusion, the property owner
must apply for a permit to store such vehicle from the City Clerk:
(1)
On an application form approved by the Common Council.
(2)
Accompanied by a filing fee to be set by resolution
of the Common Council. The permit shall be granted for a one-year
period. The permit may be renewed for an additional one-year period
upon submitting the same application and filing fee.
[Amended 7-1-2008 by Ord.
No. 2008-8]
In addition or as an alternative to the above-provided procedures
and penalties, the City of Amsterdam may maintain an action or proceeding
in the name of the City in a court of competent jurisdiction to compel
compliance with or to restrain by injunction any violation of this
chapter.
