The outdoor storage of junked, abandoned, unused
or dangerous motor vehicles, or the parts therefrom, within the City
of Schenectady 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 City's
landscape, and they are generally unsightly, and their existence tends
to depreciate the value of property in the neighborhood and the City
generally. The control of the outdoor storage of junked, abandoned,
unused or dangerous motor vehicles, or parts therefrom, within the
City of Schenectady 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:
ABANDONED
Any motor vehicle, the ownership of which cannot be reasonably
determined or of which the owner does not intend to recover possession.
COMPETITION VEHICLES
Those vehicles which have been so modified for use on a track
or dragstrip that they cannot be legally operated on a public way.
DANGEROUS
Any motor vehicle which has smashed and broken windows and/or
areas of sharp and torn metal edges and points and which cannot legally
be operated upon a public way.
HISTORIC MOTOR VEHICLE
A motor vehicle manufactured more than 25 years prior to
the current calendar year, which is owned and operated as an exhibition
piece or collectors item and is used for participation in club activities,
exhibits, tours, parades and for occasional transportation and similar
uses, but not used for general daily transportation.
JUNKED
Any motor vehicle which is unregistered by the State of New
York or any other state and is not operable.
LOT
A parcel of land as described on the City of Schenectady
Tax Map.
MOTORCYCLES
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact
with the ground, but excluding a tractor.
MOTOR VEHICLE
Every vehicle which, if operated on the highways of this
state, would be required by law to be licensed by the Department of
Motor Vehicles of the State of New York.
OPERABLE
Any motor vehicle which can be registered in the State of
New York and which can be legally operated upon a public way.
RECREATIONAL VEHICLE
Those vehicles which are either propelled by their own power
or drawn on the public highways and which are used as temporary residences,
such as tent trailers, travel trailers, campers or mini- and motor
homes.
UNUSED
Any operable motor vehicle which is unregistered by the State
of New York or any other state and/or upon which is not displayed
a valid state inspection sticker.
UTILITY VEHICLES
Those vehicles having a seasonal or limited use, such as
box trailers and construction trailers, and snow removal or snowplowing
equipment.
VEHICLE OWNER
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period greater than 30 days.
This chapter does not apply to competition vehicles,
recreational vehicles, utility vehicles, motorcycles or historic vehicles,
unless such vehicle is abandoned or dangerous.
[Amended 4-27-1992 by Ord. No. 92-15]
A. This chapter shall be enforced by the Bureau of Property
Management.
B. The Bureau of Property Management shall receive the
assistance of the Building Inspector, the Department of Engineering
and Public Works, the Fire and Police Departments or officers and
all other municipal officials as may be required for the total enforcement
of this chapter, to the extent and limit determined by the Mayor.
[Amended 4-27-1992 by Ord. No. 92-15]
A. During regular business hours or in an emergency at
any hour whatsoever, the Bureau of Property Management or its representative
or any duly authorized City representative, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
premises where a motor vehicle is stored. If access to such property
is refused, the Bureau of Property Management 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 property or the
owner of the vehicle is in violation of this chapter.
B. The Bureau of Property Management or its representative
or any duly authorized City representative may enter the premises
without a search warrant in the case of an emergency which requires
immediate action to abate a direct hazard or imminent danger to the
health, safety, morals or welfare of the occupants of a building or
the public.
[Amended 4-27-1992 by Ord. No. 92-4]
A. Each violation of this chapter shall be a misdemeanor
and shall be punishable by a fine not exceeding $150 or by imprisonment
not exceeding 30 days, or by both such fine and imprisonment; or by
a penalty of not less than $5 nor more than $500 to be recovered by
the City in a civil action.
B. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues unabated after
the time limit set for the abatement of the violation.
C. Any person issued a notice of violation pursuant to
any provision of this chapter, where the same has not been withdrawn
by administrative appeal or dismissed by a court of competent jurisdiction,
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien and, if unpaid, such administrative
fee shall be added to the tax rolls as an assessment or levied as
a special tax against said property or recovered in a civil suit against
the person to which the notice of violation was issued.
[Added 7-1-1996 by Ord. No. 96-37]
[Amended 4-27-1992 by Ord. No. 92-15]
In cases in which the Bureau of Property Management
determines that immediate action to abate a direct hazard or imminent
danger to the health, safety, morals or welfare of the occupants of
a building or 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 City
shall be assessed against the property upon which such vehicle was
found, which assessment shall constitute a lien and charge on such
property and be collected as provided by law for the collection of
delinquent taxes.
[Added 2-2-1988 by Ord. No. 88-06; amended 4-27-1992 by Ord. No. 92-15]
The Bureau of Property Management of his or
her representative or any duly authorized City representative is hereby
authorized to remove any junked, abandoned, unused or dangerous motor
vehicle or the parts thereof at the request of the property owner
on whose property said vehicle or parts are stored. The cost of such
removal shall be borne by the property owner making such request and
shall be payable to the Bureau of Property Management. In the event
of nonpayment, the cost may be assessed against the property upon
which such vehicle was found, which assessment shall constitute a
lien and charge on such property and be collected as provided by law
for the collection of delinquent taxes.