[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 5-10-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
The outdoor storage of junked, abandoned or dangerous motor vehicles
or the parts therefrom within the Village of Waterford is a hazard to the
preservation of the public health, welfare and safety in that it constitutes
a health, fire and safety hazard and is an attractive nuisance to children
which is a peril to their safety. Their outdoor storage constitutes a blight
on the village's landscape; they are generally unsightly; and their existence
tends to depreciate the value of property in the neighborhood and the village.
The control of the outdoor storage of junked, abandoned, unused or dangerous
motor vehicles or parts therefrom within the Village of Waterford is therefore
regulated for the preservation of the public health, safety and welfare of
its residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, the ownership of which cannot be reasonably determined
or of which the owner does not intend to recover possession.
Any motor vehicle which has smashed and broken windows and/or areas
of sharp and torn metal edges and points which cannot be legally operated
upon a public way.
Any motor vehicle which is unregistered by the State of New York
or any other state or is not operable.
Every vehicle which, if operated on the highways of the state, would
be required by law to be licensed by the Department of Motor Vehicles of the
State of New York.
A person other than a lienholder having the property in or title
to the vehicle. The term includes any person entitled to the use and possession
of the vehicle and also includes any lessee or bailee of a motor vehicle under
a lease or other agreement for a period of greater than 30 days.
A.
It shall be unlawful for any person, firm or corporation
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise
of or on any property within the Village of Waterford to store or deposit
or cause or permit to be stored or deposited an abandoned, junked, unused
or dangerous motor vehicle or vehicles or parts therefrom in the Village of
Waterford except as follows:
B.
Any junked, abandoned, unused or dangerous motor vehicle
or vehicles or parts therefrom stored or deposited in violation of this chapter
on land in the Village of Waterford shall be removed by the vehicle owner,
property owner, occupant, lessee, agent, tenant or other person, firm or corporation
occupying, managing or controlling such land or vehicle.[1]
This chapter shall be enforced by the Village Zoning Inspector.
A.
During regular business hours, or in any emergency at
any hour whatsoever, the Zoning Inspector or his representative or any duly
authorized village representative, upon the showing of proper credentials,
in the discharge of his or her duties, may enter upon any premises where a
motor vehicle is stored. If access to such property is refused the Zoning
Inspector shall apply for a search warrant in an appropriate court, and a
warrant shall be issued upon a showing that there are reasonable grounds to
believe that a junked, abandoned or dangerous vehicle or parts therefrom are
stored or deposited on the property or that the owner of the vehicle is in
violation of this chapter.
B.
The Zoning Inspector or his representative or any duly
authorized village representative may enter the premises without a search
warrant in the case of any emergency which requires immediate action to abate
a direct hazard or imminent danger to the health, safety or welfare of the
occupants of a building or the public.[1]
A.
Notice of violation. Whenever the Zoning Inspector determines
that there has been a violation of this chapter, he shall serve written notice
upon the property owner, occupant or person having charge of such land upon
which any vehicle is illegally stored or deposited and upon the vehicle's
owner, if such party can be determined. Such notice shall provide a reasonable
time for compliance and shall advise the party of his right to appeal.
B.
Notice to be served or posted. Notice shall be served,
either personally or by registered mail, to the property owner at his last
known address, as shown upon the latest assessment roll, and to the vehicle's
owner at his last known address, as shown upon the latest records of the New
York State Department of Motor Vehicles. If after due diligence an address
for either party cannot be determined or if either party cannot be served
in the above-stated manner, then the Zoning Inspector shall cause a copy of
such notice to be posted on the property or on the motor vehicle, or both.
C.
Right of appeal. Any person affected by a notice of violation
issued in connection with the enforcement of any provision of this chapter
or any rule or regulation adopted pursuant thereto may request and shall be
granted a hearing before the Board of Trustees if such person shall file with
said Zoning Inspector a written request for a hearing setting forth the following:
D.
This request must be filed within 10 days after the service
of the notice of violation, and compliance with such notice shall not be required
while the hearing is pending.
E.
After any hearing provided under this section, the Village
Board shall determine if a violation has occurred.
A.
Failure to abate violation. In case the property owner,
agent, operator, vehicle owner or occupant cannot be found within the time
limit set for the abatement of said violations or if such owner, agent, operator,
vehicle owner or occupant shall fail, neglect or refuse to abate such violations,
the Village Attorney shall be advised of all facts in the case and shall institute
appropriate action in the court to compel compliance.
Each violation of this chapter shall be a violation and shall be punishable
by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or
by both such fine and imprisonment. In addition to the penalties above described,
the village may assess the costs of towing, as well as any of said penalties,
as a lien against the real property and levied on the general village tax
bill.
In addition to the penalties provided in § 195-8 hereof, if a person referred to in § 195-6 has been duly served with a notice of violation and has not appeared or has appeared and has been found guilty of a violation, the Zoning Inspector or his representative or any duly authorized village representative may cause the vehicle to be towed and/or stored. The expense incurred by the village in towing and/or storing the vehicle shall be assessed against the property upon which such vehicle was found, which assessment shall constitute a lien and charge on such property and shall be collected as provided by law for the collection of delinquent taxes.
In cases in which the Zoning Inspector determines that immediate action
to abate a direct hazard or imminent danger to the health, safety, morals
or welfare of the occupants of the building or of the public is required,
he shall promptly cause the removal of the motor vehicle, vehicles or parts
presenting such hazard or danger as a public nuisance, and the expense incurred
by the village shall be assessed against the property upon which such vehicle
was found, which assessment shall constitute a lien and charge on such property
and shall be collected as provided by law for the collection of delinquent
taxes.
