[HISTORY: Adopted by the Board of Trustees of the Village of Island Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-20-1986 by L.L. No. 1-1986]
[Amended 7-20-2017 by L.L. No. 10-2017]
No article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by a special planting or a fence as approved by the Board of Trustees or Building Department. No storage shall be located in a front yard nor in a side yard adjoining a street. Said storage shall meet the setback requirements from property lines for accessory buildings. In addition, there shall be no outdoor storage or parking of trailers, except during the course of loading and unloading or moving and storage operations, nor shall there be any outdoor storage or parking of construction equipment except during the course of construction on the premises. However, in a residential zone, outdoor storage or parking of a trailer used for the purpose of storing a boat of a length not exceeding 24 feet shall be permitted, provided the boat is owned by a member of the household who resides in the residence on the property on which the trailer is stored or parked, and the trailer is parked on asphalt or concrete pavement.
Outdoor storage is prohibited except for the storage of trash and garbage in containers and in locations as approved by the Board of Trustees or Building Department.
In the residential zone, outdoor storage is prohibited. This shall not be deemed to include the normal outdoor storage of items such as firewood intended for use on the premises. It shall include any discarded furniture, household appliances or other debris, salvaged materials, junk or wastes of any kind, except trash, garbage, and similar wastes temporarily stored in suitable containers awaiting scavenger collection.
Any persons including the owner or lessee of property on which a violation occurs or the person or lessee of any such truck or trailer or equipment debris shall be liable for a violation of this article.
[Amended 2-18-2016 by L.L. No. 1-2016]
Any person or persons violating any provisions of this article, or any part thereof, shall be liable for and forfeit and pay a penalty of not more than $500 for each violation thereof.
[Adopted by L.L. No. 1-1988]
This article is enacted in recognition of the fact that vehicles not in use stored on public or private property can constitute both a public and/or private nuisance. Some may be a source of potential injury to children and others who may find them an attractive nuisance. These vehicles may constitute a blight on the Village's landscape; they destroy the aesthetic qualities of the Village and they may be generally otherwise unsightly. The existence of these vehicles tends to depreciate not only the property on which they are located but also the property of other persons in the neighborhood and Village generally. These vehicles render the Village a less safe and less pleasant place in which to live and do business and these vehicles hurt the welfare of the Village as a whole. The intent of this article is to establish a legal procedure for the removal of nuisance vehicles where they are found in the Village.
As used in this article, the following terms shall have the meanings indicated:
- Any vehicle which does not have the appropriate and valid motor vehicle safety inspection certificate issued by the New York State Department of Motor Vehicles.
- MOTOR VEHICLE or VEHICLE
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
- NUISANCE VEHICLE
- Any motor vehicle that is either unregistered, inoperable and/or unusable.
- Any individual, firm, partnership, business or corporation.
- PROPERTY MAINTENANCE VEHICLE
- An unregistered vehicle not fit for highway use, utilized for property maintenance; i.e., riding lawn mowers, tractors, trailers, etc.
- SEASONAL VEHICLE
- Any vehicle whose usage is constrained to certain seasons of the year, i.e. camper trailers, boat trailers, recreational vehicles, etc., and which is maintained in a manner fit for highway use. A current New York State vehicle inspection certificate in effect for said vehicle gives rise to the presumption of fitness for highway use.
- UNREGISTERED VEHICLE
- Any motor vehicle that does not have in effect an appropriate and valid registration of any state or other entity granting registrations recognized by the State of New York. Failure to bear an appropriate license plate and registration sticker, or other lawful proof of registration, shall give rise to a presumption that the vehicle is unregistered (excluding property maintenance vehicles).
- Any vehicle that is not capable of being lawfully and safely operated for the purpose of transportation of persons and/or things. A vehicle used as a source of parts or storage shall be presumptively unusable.
No person shall store or permit to be stored or deposited in the Village of Island Park a nuisance vehicle out of doors on public or private property for a period exceeding 15 days. Any New York State duly registered garages, service stations, sales or leasing and repair facilities of motor vehicles may store out of doors nuisance motor vehicles for a period not exceeding 60 days. At no time may the number of nuisance vehicles stored out of doors at any New York State duly registered garages, service stations, sales or leasing and repair facilities exceed 20. The owner of the vehicle, if known, and/or nonowner occupant or tenant and/or assessed owner according to the tax rolls of the Village of Island Park of the real property upon which the nuisance motor vehicle is located shall be presumed to be in violation of this article and assessed accordingly.
No seasonal vehicle or property maintenance vehicle may be located in front of any building line on any parcel of property within the Village.
Vehicles for sale. A vehicle may be offered for sale on private property for a period not to exceed 30 days, except for any vehicle stored by a New York State registered motor vehicle dealership. A written extension of the above time limit may be granted by the Zoning Clerk upon written request. No extension may exceed 30 additional days.
Vehicle not in use waiver. Notwithstanding the foregoing provisions, the owner of any vehicle temporarily not in use which would otherwise constitute a nuisance vehicle may apply to the Board of Trustees for a temporary exemption from the provisions of this article. This waiver shall not exceed 12 months.
In the event of a violation of this article, a written notice shall be served personally or by mail upon the owner of said vehicles, if known, and/or, if known, assessed owner and/or nonowner occupant of the real property upon which a nuisance vehicle is located. Said notice shall contain an explanation of the violation, an identification of the vehicle that is alleged to be in violation of this article and a direction that said vehicle be removed within five business days from the date of said notice. Said notice shall also state that in the event said vehicle is not removed within the period prescribed, that said owner of the vehicle, if known, and/or assessed owner and/or occupant of the real property upon which the nuisance vehicle is located shall be subject to the penalties of this article as hereinafter described, including assessment of the cost of removal and disposal of said vehicle, and/or a fine.
Should the owner of the vehicle, if known, and/or assessed owner and/or nonowner occupant of the real property or to which the first written notice was addressed fail to remove the vehicle within the five-day period discussed, the Village Clerk shall serve a second written notice which shall restate the violation and identification of the motor vehicle and shall state the Village's intent to seize the vehicle if the violation is not remedied within five days from the date of the notice, pursuant to the New York State Vehicle and Traffic Law.
In the event of a violation of this article and upon the expiration of the time set forth in the aforementioned notice to remove, the owner of said vehicle, if known, and/or assessed owner and/or nonowner occupant of the real property shall be subject to the penalties of this article as hereinafter described, including assessment of the cost of removal and disposal of said vehicle, and/or a fine. Nuisance vehicles in violation of this article shall be seized, removed and disposed of by the Village pursuant to the New York State Vehicle and Traffic Law.
All costs of removal and storage shall be assessed against the owner of said vehicle; if known, and/or the assessed owner and/or occupant of the real property upon which the abandoned vehicle is located. In addition, the owner of said vehicle, if known, or assessed owner and/or the occupant of the property upon which a nuisance vehicle in violation of this article is located shall be subject to a fine of not more than $250 or 15 days' imprisonment, or both, for each day in violation of this article.