[HISTORY: Adopted by the Town Board of the
Town of Henrietta 9-6-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
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:
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.
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.
The Building Inspector or designee, including the Code Compliance
Officer(s) or police officer whose powers and duties are within or
include the Town of Henrietta.
[Amended 6-26-2019 by L.L. No. 5-2019]
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.
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]
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
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.
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.
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.
A.Â
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.
B.Â
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:
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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.
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Dated:
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Town of Henrietta Code Enforcement
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[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:
A.Â
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.
B.Â
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.
[Amended 10-5-2011 by L.L. No. 2-2011; 2-24-2022 by L.L. No. 5-2022]
A.Â
It shall be unlawful to park, keep, store or deposit any vehicle on any portion of any lot or parcel of real property located within a residential district of the Town, except for a legal vehicle on a driveway or driveway extension in accordance with Henrietta Town Code Chapter 240, including that vehicles parked on driveway extensions shall be limited to trailers, boats, recreational vehicles or the like.
B.Â
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, but only for relief which is available through an area variance.
[Amended 9-27-2023 by L.L. No. 9-2023]
A.Â
Failure
to comply with this chapter shall constitute a violation, and, upon
conviction thereof, shall be subject to a fine in the minimum amount
of $100, up to a maximum amount of $250. Each day's continued violation
shall constitute a separate additional violation.
B.Â
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town.
