[HISTORY: Adopted by the Town Board of the Town of Henrietta 9-6-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
§ 207-12 Parking or storing of legal vehicles in residential district restricted to driveways and driveway extensions.
The outdoor storage of abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof on privately owned property within the Town of Henrietta is detrimental to the health, safety and general welfare of the community; it constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of all members of the community, since fuel tanks still containing gasoline or gasoline fumes may easily explode; the junks are replete with broken glass and sharp torn metal edges and points and generally are stored or abandoned with batteries containing harmful acids. These are but a few of the obvious sources of danger found on such vehicles. Such storage, moreover, is unsightly; depreciates not only the property on which it is located but also the property of others in the neighborhood and the Town generally and certainly constitutes a blight on the Town's landscape. Furthermore it is found that the storage of an excessive amount of legal vehicles in residential areas constitutes an attractive nuisance to children. Such excessive storage is unsightly and depreciates not only the property on which it is located, but also the property of others in the neighborhood and the Town generally. The control of the outdoor storage of abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof on privately owned property as well as excessive storage of legal vehicles on privately owned residential property within the Town of Henrietta is, therefore, regulated for the preservation of the health, safety and general welfare of the community. The intent of this chapter is to establish a legal procedure for the removal of these abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof as well as excessive storage of legal vehicles on privately owned residential property where they are found in the Town in violation of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- The intent of the owner shall be determined by the physical condition of the vehicle; statements of the owner as to its abandonment; the length of time since the vehicle has last been used on the highway; whether the vehicle is currently licensed, registered or inspected; and other relevant facts. With respect to a vehicle not required to be licensed or a vehicle not usually used on public highways, the intent of the owner shall be determined by the physical condition of the vehicle, the length of time since it was last used for the purpose intended, any statement as to its abandonment by the owner, and other relevant facts.
- DISCARDED VEHICLE(S)
- Any vehicle(s) which the owner thereof, as established by the surrounding circumstances, relinquishes ownership and possession of and any vehicle(s) the owner of which cannot be found after reasonable inquiry.
- A completely enclosed privacy-type structure or fence constructed of wood, metal or masonry, which shall be at least six feet in height and not more than eight feet in height and of such construction and type that an ordinary person of ordinary height and eyesight cannot see into the enclosure. Such enclosure shall be adequately maintained so as not to create an eyesore to the community.
- ENFORCEMENT OFFICER
- The Code Enforcement Officer(s), the Zoning Officer, the Fire Marshal, or any peace officer or police officer whose powers and duties are within or include the Town of Henrietta.
- JUNK VEHICLE
- Any vehicle which, for any reason, is incapable, without repair, of being moved or propelled by application of internal power, if it is a vehicle originally designed to be propelled by internal power, or is incapable, without repair, of being drawn or towed, if it is a vehicle originally designed to be towed or drawn from behind an internally powered vehicle, and, as adjudged by the standards of an ordinary reasonable person, is unsightly in appearance because of the existence of one or more conditions, such as but not limited to the following: deterioration by rust of the body; deterioration of the exterior finish of the vehicle; broken windows; absence of component parts of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood, trunk door, tires, wheels, grille, roof or tailgate); physical damage (such as dents, cracks, scrapes or holes) to component parts of the vehicle; and absence of interior components (such as seats, dashboard or interior door moldings), or is incapable of being moved or propelled, drawn or towed without repair as provided for hereinabove and has remained situate on any real property for a period in excess of 30 days.
- LEGAL VEHICLE
- A vehicle for which a registration is required and which
has a current registration in effect and current registration plates
affixed thereto.[Added 10-5-2011 by L.L. No. 2-2011]
- OPEN STORAGE
- Storage other than in a completely enclosed structure constructed of wood, masonry or metal.
- OWNER OF PRIVATE PROPERTY
- The legal owner, contract purchaser, tenant, lessee, occupant, subtenant, trustee, bailee, receiver or assignee of premises or real property located within the Town of Henrietta.
- OWNER OF VEHICLE
- The person having the property and/or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
- An individual, firm, partnership, association, corporation, company or organization.
- All areas within the Town of Henrietta, both publicly and privately owned.
- UNLICENSED VEHICLE
- Any vehicle which may be licensed or registered for operation on public highways and which has not been registered or for which the registration plates for the current year have not been issued and affixed thereto.
- Any means of transport or conveyance operated, driven, drawn or capable and intended to be operated, drawn or driven upon a public highway by a power other than muscular power. A "vehicle" shall include but not be limited to automobiles, motorcycles, motorbikes, buses, all types of trailers, including trailers used for storage, trucks, tractors, mobile homes, other than those legally in use in an authorized mobile home park, recreational vehicles, snowmobiles, all-terrain vehicles and jitneys or any other contraption originally designed and intended for travel on the public highways.
It shall be unlawful for any person, firm or corporation, either as a private property owner, vehicle owner, occupant, lessee, agent, tenant or otherwise, to openly store or deposit or cause or permit to be openly stored or deposited an abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof on any private property within the Town of Henrietta, except as permitted by General Municipal Law § 136 or by this chapter.
Storage or parking of commercial vehicles over 10,000 pounds' gross vehicle weight (GVW) (trucks and tractor-trailer combinations) is prohibited in Residential (R) Districts except for loading or unloading.
Notwithstanding the foregoing section, a vehicle which is both not licensed and inspected as provided in the foregoing section may, for a period of not more than 30 consecutive days, be displayed in public view for sale, provided that the vehicle is stored on an adequately maintained paved or stone surface. The owner of such vehicle must be an owner/occupant of the lot on which said vehicle is so offered for sale, and at no time shall there be more than one such vehicle for sale on any lot at one time. No more than two vehicle(s) shall be so offered for sale on any lot during any twelve-calendar-month period.
The Town of Henrietta Enforcement Officer shall have the right to enter and inspect, at any reasonable hour, any premises on which vehicle(s) are openly stored and to inspect such vehicle(s) to determine if the same are a hazard to the health and welfare of the community. This right of entry shall not be limited in any way by the existence or lack of existence of a request, authorization or other consent or approval of entry for inspection.
The enforcement officer, upon detecting a violation of this chapter, shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of such private property, ordering the removal therefrom of the abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof within 10 days from the date said notice is given. The enforcement officer may determine ownership of any parcel of land in the Town of Henrietta from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice to said owner at the address listed on the current assessment roll. Such notice shall direct the person so served, regardless of the ownership of the vehicle(s) if the property owner or tenant is served, to terminate the open storage of such vehicle(s) within the Town within 10 days of receipt of said notice. In the event that the abandoned, junked, discarded, or unlicensed vehicle or vehicle(s) or parts or pieces thereof are not removed from the premises within the time required in the notice, the Town of Henrietta shall have the right to enter upon the premises and to remove, store and/or dispose of the abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof. The expense of such removal, storage and/or disposal shall be a lawful charge against the owner and occupant of the premises and may be collected, if necessary, in a civil action instituted in the name of the Town or in accordance with the provisions of § 207-13, Penalties for offenses, of this chapter.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 207-6, Removal notice procedure, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Henrietta Justice Court at a date and time specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation and the date and time, and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer may serve a written notice, either personally or by registered or certified mail, upon the owner, occupant or person having charge of such private property to comply with the requirements of this chapter. If served by registered mail, certified mail or publication, then said notice shall also be posted conspicuously on the subject property. The Code Enforcement Officer may determine ownership of any parcel of land in the Town of Henrietta from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll. If the Code Enforcement Officer is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing the same in the official newspaper of the Town 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 Henrietta briefly described as follows: (Here describe the subject property.) Notice is hereby given that an abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof is stored or deposited on the above-described property in the Town of Henrietta. This vehicle must be removed therefrom within 15 days from the date of this notice; provided, however, that if this notice is served on you by publication, said vehicle shall be removed within 24 days from the first publication date of this notice. If such vehicle is not removed on or before the expiration of said 15 days from the date hereof or on or before the expiration of said 24 days from the date of this notice in the event that it is served on you by publication, you are hereby summoned to appear before the Town Board of the Town of Henrietta, New York, at ....m. o'clock, on the....... day of...... 20 ......, at which time a hearing will be held to determine why the Town of Henrietta, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and remove, store and/or cause said vehicle to be destroyed. In the event that the Town Board directs that said vehicle be removed, stored and/or destroyed the expense incurred by the Town of Henrietta shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
Town of Henrietta Code Enforcement
[Amended 10-5-2011 by L.L. No. 2-2011]
The Code Enforcement Officer may enforce this chapter by either issuing an appearance ticket returnable in the Town of Henrietta Justice Court, pursuant to § 207-7, Appearance tickets, or by removing said vehicle pursuant to the provisions of § 207-8, Alternative notice, or by invoking both enforcement provisions. Additionally, any duly sworn police officer or peace officer with jurisdiction in the Town of Henrietta may issue an appearance ticket returnable in the Henrietta Town Court for any violation of the provisions of this chapter.
There shall be a presumption that a person who has received the notice prescribed by § 207-8, Alternative notice, has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof in said notice.
Any vehicle being actively used in farming operations shall be exempted from the provisions of this chapter, provided that:
The vehicle is being used on private property and is being held for continuing operation on private property and is not being held primarily for nonoperating purposes.
The vehicle, if not in a condition for legal operation on public highways, is in a condition so that it can be operated and so that such operation on private property will not be unduly dangerous to the operator, passengers or others.
§ 207-12 Parking or storing of legal vehicles in residential district restricted to driveways and driveway extensions.
[Amended 10-5-2011 by L.L. No. 2-2011]
It shall be unlawful for any person, firm or corporation, either as a private property owner, vehicle owner, occupant, lessee, agent, tenant or otherwise, to openly store or deposit or cause or permit to be openly stored or deposited any legal vehicle on any real property located within a residential district of the Town on any portion of any lot or parcel other than a driveway or driveway extension as those terms are described in Henrietta Town Code Chapter 240, Streets, Sidewalks and Driveways. The parking, storing or depositing of legal automobiles and trucks shall be restricted to the driveway as described in Henrietta Town Code § 240-3J. The parking of other legal vehicles shall be allowed on a driveway or driveway extension as that term is described in Henrietta Town Code § 240-3K. Any aggrieved person or entity may seek relief from these restrictions by appeal to the Zoning Board of Appeals in accordance with the procedures and standards set forth in Chapter 295, Zoning, of the Henrietta Town Code and Article 16 of the New York State Town Law for area variances.
A violation of this chapter or any section or provision thereof shall be an offense and shall be punishable, upon conviction thereof, by a minimum fine of $100 up to a maximum fine of $250 or imprisonment not to exceed 15 days, or both. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation. These penalties shall be in addition to the other remedies of the Town Board provided by this chapter.