[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.
A.
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.
B.
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[1]]
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.
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.
Any motor vehicle that is either unregistered, inoperable
and/or unusable.
Any individual, firm, partnership, business or corporation.
An unregistered vehicle not fit for highway use, utilized
for property maintenance; i.e., riding lawn mowers, tractors, trailers,
etc.
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.
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.
A.
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.
B.
No seasonal vehicle or property maintenance vehicle
may be located in front of any building line on any parcel of property
within the Village.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
