[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 11-22-1994 as L.L. No. 5-1994.
Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation, either as
owner, lessee, occupant or otherwise, to store or deposit or cause or permit
to be stored or deposited any junked, unregistered and/or unlicensed motor
vehicle or cycle in and upon any vacant lot or any residential, commercial
or industrial lot unless housed in an enclosed structure within the municipal
boundaries of the Village of Elmira Heights. Nothing in this chapter shall
be construed to prohibit the parking of unregistered and/or unlicensed motor
vehicles or cycles in a private garage or to interfere with the operation
of a duly authorized business enterprise.
As used in this chapter, the following terms shall have the meanings
indicated:
Any vehicle, including a trailer, or cycle which is in a rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned
condition or part thereof.
A.
If the provisions of § 213-1 are not complied with, the Code Enforcement Officer of the Village of Elmira Heights shall post or cause to be posted in a conspicuous place upon the premises affected a notice to comply with the provisions of this chapter and a copy thereof mailed on the same day it is posted to the owner of the premises to comply with the provisions of this chapter. The Code Enforcement Officer shall mail or cause to be mailed such written notice to such owner, addressed to the last known address as the same may appear upon the last Village assessment roll.
B.
If the person upon whom the notice is served neglects
or refuses to comply with the provisions of said notice within 15 days after
such posting, the Code Enforcement Officer shall cause such junked and unlicensed
motor vehicle or cycle to be removed and destroyed, and the total cost thereof
may be certified to the Town Assessor of the Village of Elmira Heights, to
be assessed upon the premises on which the junked and unlicensed motor vehicle
or cycle is found, and shall constitute a lien and charge on the lot or parcel
of land which is to be levied until paid or otherwise satisfied or discharged
and shall be collected in a manner provided by law for the collection of delinquent
taxes.
[Amended 1-4-1996 by L.L. No. 1-1996; 12-6-2005
by L.L. No. 2-2005]
If a property owner has been served a notice to remove a junked vehicle
or vehicles and elects to relinquish his or her rights and interest to the
vehicle or vehicles and to permit the Village to carry out the abatement of
the violations as listed on the notice without further delay, then, in that
event, the Village may proceed to remove the violations, provided that the
owner signs a waiver, in writing, in this effect, holding the Village harmless
for any damage claims and submits the same to the Code Enforcement Officer.
Any expense incurred by the Village as a result of removing any junked vehicles
following the receipt of a waiver by the property owner or his or her duly
authorized representative shall be at the Village's expense.
[Amended 1-4-1996 by L.L. No. 1-1996; 12-6-2005
by L.L. No. 2-2005]
Whenever such fifteen-day notice is posted upon the premises, the owner
may, within seven days after such service, request a hearing before the Code
Enforcement Officer, and a hearing shall be given to such owner prior to the
expiration of the period of compliance.
The rules of evidence prevailing in courts of record shall not be controlling
in hearings held pursuant to this chapter.
[Amended 1-4-1996 by L.L. No. 1-1996]
A.
Any person, firm, corporation or other who shall violate this chapter shall be guilty of an offense and, upon conviction, shall be subject to the penalties in Chapter 1, General Provisions, Article II, General Penalty, except that each week's violation shall constitute a separate and additional offense punishable by a fine of $50 per week.
B.
Notwithstanding a penalty hereinbefore provided, the
Village of Elmira Heights may enforce obedience of this chapter or any part
thereof by injunction to restrain such violation.
C.
The Code Enforcement Officer may, in his or her discretion,
waive the fine in the event that the vehicle is removed within five days of
service of notice.
[Amended 12-6-2005 by L.L. No. 2-2005]
