[HISTORY: Adopted by the Town Board of the Town of Niskayuna 5-20-1975
as part of L.L. No. 3-1975; amended in its entirety 6-7-1988
by L.L. No. 2-1988. Subsequent amendments noted where applicable.]
[Amended 5-3-1994 by L.L. No. 4-1994]
The accumulation, storage and abandonment of unusable motor vehicles
and component parts thereof on private and public property within the Town
of Niskayuna is hereby declared to be detrimental to the public welfare of
the residents of the Town of Niskayuna and aesthetically unattractive and
tends to detract from the enjoyment of the environment by said residents and
to depreciate neighborhood property values and is an infringement on the enjoyment
of their properties and homes by neighboring residents.
As used in this chapter, the following terms shall have the meanings
indicated:
[Amended 5-3-1994 by L.L.
No. 4-1994] -- 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, such as automobile, bus, truck, motorcycle,
etc., or is incapable without repair of being drawn or towed, if it is a vehicle,
such as a trailer originally designed to be towed or drawn from behind an
internally powered vehicle; and
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 and holes to component parts of the
vehicle; absence of interior components such as seats, dashboard or interior
door moldings.
One or more individuals, a partnership, corporation, association
or any other legal entity.
Any means of transport or conveyance having wheels originally designed
and manufactured to be moved or propelled by any power other than muscular
power or to be drawn or towed. A "vehicle" shall include but not be limited
to automobiles, trucks, trailers, motorcycles, motorbikes and buses.
No person shall deposit, place, store or abandon on any real property or permit, cause or consent to be deposited, placed, stored or abandoned on real property owned or occupied as a tenant by such person a junk vehicle for a period of longer than 30 days after receipt by such person of the notice prescribed by § 205-4 unless such vehicle is completely enclosed in a garage or other similar structure. This section shall not apply to the storage, placement, deposit or abandonment of junk vehicles in a junkyard duly licensed by the Town of Niskayuna.
After the enforcement officer has determined that junk vehicles are
stored, deposited, placed or abandoned on a parcel of property, he shall send
written notice thereof to the occupant or owner of the property or to the
owner of the vehicles or to both such persons, as the case may be, directing
the removal of such vehicle within 30 days after receipt of such notice. The
notice shall be sent by certified mail, return receipt requested. Possession
by the enforcement officer of the United States Postal Service receipt indicating
delivery of the notice to the addressee, whether the receipt is signed by
the addressee or by a third party, shall constitute conclusive proof of the
receipt by the addressee of said notice. The thirty-day period shall commence
on the date of the delivery of the notice as indicated on the postal receipt.
The notice may also be personally served on the addressee, in which event
the thirty-day period shall commence on the date of the personal service of
the notice.
A.
Whenever any person who owns property or occupies it
as a tenant contends that a vehicle located thereon is capable of being moved
or propelled by application of its own internal power, the Building Inspector
may require proof of that fact by requesting that the vehicle be started and
driven for a distance of not to exceed 25 feet. If the person refuses or neglects
to comply, then there shall be a rebuttable presumption that the vehicle is
incapable, without repair, of being moved or propelled by application of internal
power.
A.
The notice referred to in § 205-4, when sent to the owner of the property, may advise the owner that if the junk vehicles are not removed within said thirty-day period, as the case may be, the Town will proceed with the removal and disposition thereof and shall cause the costs of such removal and disposition to be charged against the premises. The notice may also advise the owner that he may be made personally liable for such costs in an action against him. The collection thereof shall be by the Town.
D.
The cost of the removal and disposition of the junk vehicle(s)
may be collected from the owner of the property in a civil action therefor
by the Town. In addition thereto or in lieu thereof, such costs may be assessed
against the property of the owner and collected in the same manner and at
the same time as Town property taxes.
This chapter may be enforced by the Building Inspector of the Town of
Niskayuna and by any police officer of the Town of Niskayuna Police Department.
A.
A violator of this chapter shall be guilty of a violation
and shall be punishable by a fine not exceeding $250 or by imprisonment for
not more than 15 days, or both. Each week that the violation shall continue
shall constitute a separate offense.
B.
In addition to the enforcement in a criminal proceeding
by fine or imprisonment, this chapter may be enforced by instituting a special
proceeding as authorized by Article 4 of the Civil Practice Law and Rules
to compel compliance with the provisions of this chapter or to restrain by
injunction any violation thereof, or to obtain any other appropriate relief.
