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:
JUNKED VEHICLE
Any vehicle, including a trailer, or cycle which is in a rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned
condition or part thereof.
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]