City of Cohoes, NY Article IV Removal of Dangerous Junk Vehicles from Private Property

[Adopted 9-26-2000 by Ord. No. 9-2000]

§ 263-29 Unlawful abandonment of dangerous vehicle.

Any junk vehicle, as defined in § 263-2, which is, in the opinion of the Police Chief or his designee, or the Code Enforcement Director or his designee, a danger to the welfare and safety of the citizens of the City of Cohoes in it which constitutes a hazard and a public nuisance as defined by law, shall not be parked, stored or left in the open, upon private property for a period of more than one week, except as permitted by license pursuant to the General Municipal Law, unless the same is necessary for the operation of a business enterprise lawfully upon said premises and said dangerous vehicles are enclosed or secured by sufficient fencing so as not to allow entry.

§ 263-30 Notice to be served on owner of property to remove or shelter dangerous vehicles.

After the expiration of said one-week period, any police officer or code enforcement officer shall give written notice by registered or certified mail, or personal service, on the owner of the dangerous vehicle, or on the owner or the tenant of any property on which a junk vehicle is openly stored. If the owner of such premises is absent from the city, or is a nonresident of the city, notice shall be mailed by registered or certified mail addressed to the owner at the last known address as the same may appear on the last assessment roll. Such notice shall direct the person so served to terminate the open storage of said dangerous vehicle within the City of Cohoes within 10 days of service. The notice shall state that the dangerous vehicle is to be removed from open storage or, in the alternative, removed by municipal authorities. If the person so served contends that said vehicle is not a dangerous vehicle as herein defined, they shall notify the City Code Enforcement Director in writing of such contention within 10 days of service. Failure of the person so served to notify the Code Enforcement Director shall give rise to the presumption that said vehicle is dangerous as defined herein. Upon receipt of notification, the City Code Enforcement Director shall serve an appearance ticket in order to schedule court proceedings in the City Court for a determination as to the danger that said vehicle presents. The owner of said vehicle may, also, apply to the City Court for a stay of enforcement for a temporary period in the Court's discretion.

§ 263-31 Rights of entry.

A. Upon the expiration of the time period provided in this article, including any extension of time ordered by the Court, such dangerous vehicle shall be deemed a public nuisance, and the City Code Enforcement Director or Police Department representative shall have the right to enter and remove such dangerous vehicle from any premises within the city where such dangerous vehicle may be found and to dispose of such vehicle. Neither the city nor any person acting on behalf of the city shall be liable to any person for the disposable or destruction of such dangerous vehicles pursuant to this article.

B. Upon removal by the city, the owner or his agent may claim such dangerous vehicle, and upon payment of the towing or removal charges thereof, may remove such dangerous vehicle at his own expense to a legal storage space. If, after a reasonable period of time, no claim is made for said vehicle, the vehicle may be sold or disposed of in the manner provided for in this chapter.

§ 263-32 Penalties for offenses.

A violation of any of the provisions of this article shall be punishable by penalties outlined in § 263-4 and, in addition, a separate civil penalty may be assessed for any towing or removal charges expended by the city.