[HISTORY: Adopted by the Town Board of the Town of Esopus 5-28-1981
by L.L. No. 7-1981; amended in its entirety 1-11-1995
by L.L. No. 2-1995. Subsequent amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded and unlicensed motor
vehicles and the sale of motor vehicles upon privately owned properties within
the Town of Esopus is dangerous, unsightly and a detriment to the preservation
of public health, the protection of property and the safety and welfare of
the residents of the Town of Esopus. The outdoor storage of abandoned, junked,
discarded and unlicensed motor vehicles and the sale of motor vehicles upon
privately owned properties within the Town of Esopus constitutes an attractive
nuisance to children and a peril to their safety. Such storage constitutes
a threat to the safety and welfare of the residents of the Town of Esopus
since the fuel tanks frequently contain gasoline or gasoline fumes and may
be subject to explosion in case of fire. Such storage depreciates the value
of neighboring properties and is unsightly and discourages the orderly, progressive
development of the Town of Esopus. The control of the outdoor storage of abandoned,
junked, discarded and unlicensed motor vehicles and the sale of motor vehicles
upon privately owned properties within the Town of Esopus is therefore regulated
for the preservation of the public health, safety and welfare of the residents
of the Town of Esopus.
As used in this chapter, the following terms shall have the meanings
indicated:
- ABANDONED
- The intent of the owner of a motor vehicle not to use the motor vehicle on the public highways. The intent of the owner of the motor vehicle may be determined by the physical condition of the motor vehicle, the statements of the owner of the motor vehicle, the length of time since the motor vehicle was last used on the public highway and whether the motor vehicle is licensed or unlicensed. With respect to motor vehicles not required to be licensed or motor vehicles not customarily used on the public highway, the intent of the owner may be determined by the physical condition of the motor vehicle, the length of time since it was last used for the purposes intended and the statement of the owner.
- DEALER
- A person engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers, including mobile home trailers, at retail or wholesale. Any person who sells or offers for sale more than five motor vehicles, motorcycles or trailers in a calendar year or who displays or permits the display of two or more motor vehicles, motorcycles or trailers for sale at any one time or within any one calendar month upon the premises owned or controlled by him, if such vehicles were purchased, acquired or otherwise obtained by such person for the purpose of resale, will be regarded as a dealer.
- DISCARDED
- Any motor vehicle which the owner thereof does not intend to recover possession thereof or any motor vehicle to which ownership cannot be reasonably determined with due inquiry.
- JUNKED
- Any motor vehicle in such condition as to cost more to repair in order to place such motor vehicle in operating condition than the value of the motor vehicle at any given time.
- MOTOR VEHICLE
- Every motor vehicle operated or driven or capable of being driven or operated upon a public highway by any power other than muscular power. For the purposes of this chapter, "motor vehicles" shall include tractors used exclusively for agricultural purposes, self-propelled combines, self-propelled corn- and hay-harvesting machines and self-propelled Caterpillar or crawler-type equipment and shall also include motorcycles, omnibuses, trailers and house trailers.
- OWNER OF MOTOR VEHICLE
- A person having property in or title to a motor vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- Includes the legal owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of premises or property located within the Town of Esopus.
- PREMISES
- Includes all parcels of real property situate in the Town of Esopus, whether occupied or vacant, irrespective of size of topography.
- UNLICENSED MOTOR VEHICLE
- Any motor vehicle which has not been licensed with the proper authorities for a period of at least 30 days from the expiration of the last valid licensing, with the exception of those motor vehicles in the possession of authorized used car dealers or garagemen for the purpose of sale or repair.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any private
property within the Town of Esopus, to store or deposit or cause or permit
to be stored or deposited an abandoned, junked, discarded or unlicensed motor
vehicle or vehicles upon any private land within the corporate limits of the
Town of Esopus.
B.
Anything to the contrary notwithstanding, one roadworthy
unlicensed vehicle or one unlicensed antique car in the process of restoration
may be stored on private property in the Town of Esopus for a maximum of 12
months.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any property
within the Town of Esopus, to sell more than five motor vehicles in a calendar
year and not more than two such motor vehicles at any one time within any
calendar month, except as set forth below. A New York State registered dealer,
as set forth in the Vehicle and Traffic Law, may sell such motor vehicles
as permitted by law, but may only do so at locations designated as a place
of business on the New York State dealer's registration, and provided
that the necessary approvals as set forth in this chapter are obtained.
B.
The dealer shall provide, upon twenty-four-hour notice
by the Town of Esopus Zoning Officer or Building Inspector, such inventory
books and MV-50 forms as requested. The dealer shall display his New York
State dealer's registration sign as required by New York State law at
each location motor vehicles are located.
C.
Any person selling vehicles contrary to the provision
of the Vehicle and Traffic Law shall also constitute a violation of this chapter
and shall be deemed an offenses as set forth below.
If the provisions of the foregoing section are violated, the Zoning
Enforcement Officer or the Building Inspector shall serve written notice,
either personally or by mail, upon the owner, occupant or person having charge
of any such private property to comply with the provisions of this chapter.
The aforesaid town official may determine ownership of any parcel of land
within the Town of Esopus from the then-current tax rolls of the Town of Esopus
and may serve written notice upon such owner by mailing such notice by regular
mail to the owner of the address listed in the then-current tax rolls. In
the event that the aforesaid town official cannot determine the owner or address
of the owner of a parcel of land within the Town of Esopus, the aforesaid
town official may serve written notice by publishing said written notice in
the official newspaper of the Town of Esopus for two consecutive weeks. The
notice shall be in substantially the following form:
|
To the owner, occupant or person having charge of land within the Town
of Esopus known as: (insert Tax Map No. or Account No.)
| |
|
Notice is hereby given that an abandoned, junked, discarded, unlicensed
or for-sale motor vehicle(s) has been stored or deposited on the above-described
property in the Town of Esopus. This or these vehicles(s) must be removed
within 10 days from the date of this notice.
| |
|
In the event that this notice is served upon you by publication, the
vehicle(s) must be removed within 24 days from the first date of publication
of this notice.
| |
|
In case you fail or refuse to comply with this notice on or before the
expiration of said 10 days from the date of this notice or before the expiration
of said 24 days from the date of this notice, in the event it is served upon
you by publication, you are hereby summoned to appear before the Town Justice
of the Town of Esopus on .............................. to show cause why
the Town of Esopus, acting through its duly authorized agents, servants, officers
and employees, should not enter upon your land and remove said motor vehicle(s)
and cause the same to be destroyed. In the event that the Town Justice of
the Town of Esopus orders the aforementioned motor vehicle(s) to be removed
and destroyed, the expense incurred by the Town of Esopus will be assessed
against the above-described property and shall constitute a lien thereon and
be collected as provided by law.
| |
|
Dated:
| |
|
____________________________________
Town of Esopus Zoning Enforcement
Officer/Building Inspector
|
A violation of this chapter shall be deemed an offense, and all persons,
including corporations, found in violation shall be subject to a fine of not
more than $250 or to imprisonment for a term of not more than 15 days, or
both.
