[HISTORY: Adopted by the Town Board of the Town of Caledonia 1-9-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 124.
This chapter shall be known and may be cited as the "Abandoned Vehicle Ordinance" and shall supersede and replace the Abandoned Vehicle Ordinance of the Town of Caledonia dated August 17, 1972.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants, and such an environment is essential to the Town and the general welfare of its citizens. The unrestrained accumulation of motor vehicles not in operating condition is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the regulation and restraint thereof.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Building Inspector of the Town, unless the Town Board, by resolution, designates some other Town officer as enforcement officer or, by resolution, establishes the position of enforcement officer for the Town and appoints some qualified person thereto at a salary specified in such resolution.
JUNK VEHICLE
(1) 
Any motor vehicle abandoned, stored, left or located by its owner or any other person on public or private property in the Town of Caledonia and that is unlicensed, unregistered, wrecked, stored, discarded, abandoned, dismantled, partly dismantled or which is no longer intended or in condition for legal use upon the public highway; that is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein or for the purpose of disposing of the same; or that is in such condition as to cost more to repair and place in operating condition than its reasonable market value at that time before such repairs.
(2) 
With respect to any motor vehicle not required to be licensed or any motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than nine months and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a "junk vehicle."
(3) 
The fact that a motor vehicle which may be licensed or registered with the State of New York does not display a current license plate shall be presumptive evidence of the fact that such motor vehicle is unlicensed.
(4) 
For the purpose of this chapter, "abandoned," "stored" or "located" shall mean when the "junk vehicle" is visible from a public highway or a dwelling unit on a neighboring property.
LEGAL OCCUPANT
Any person who, singularly or together with other persons, is in possession of real property pursuant to an agreement with the owner thereof. The term shall include tenants, contract vendees and licensees.
MOTOR VEHICLE
Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power.
OWNER OF PRIVATE PROPERTY
A person owning real property in the Town. A parcel of real property owned by more than one person shall be considered as having each such person be an owner.
PARCEL OF PROPERTY
Real property appearing on the tax rolls of the Town as one unit, whether occupied or vacant, irrespective of size or topography.
PERSON
Includes natural persons, corporations, copartnerships, unincorporated associations or any other organization of two or more persons.
TOWN
The Town of Caledonia and its officers and agents; also public and private areas within the Town.
B. 
The term "shall" is always mandatory. Words used in the singular shall include the plural and vice versa.
C. 
The reference to other sections of the Caledonia Town Code as "ordinances" shall include those sections of the Code adopted as "local laws."
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Caledonia, to store or deposit or cause to suffer or permit to be stored or deposited a junk motor vehicle or part or piece thereof on any private property within the Town of Caledonia unless such motor vehicle is:
A. 
Stored or deposited in a completely enclosed building.
B. 
Completely covered by a suitable motor vehicle cover and is in as close proximity to the side or rear of a building as possible. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises except as permitted in this chapter.
No person shall place, allow or permit an abandoned vehicle to be on his premises after the lapse of 30 days from the service upon him of a notice to remove as hereinafter provided.
[Amended 8-11-1994 by L.L. No. 4-1994]
Upon determining that an abandoned vehicle is located on premises in the Town of Caledonia outside the Village of Caledonia, the Town Zoning Enforcement Officer shall first cause a written notice to remove to be served on such person, by certified mail, return receipt requested, which notice will specify that such person shall remove the abandoned vehicle from the premises within 30 days after service thereof, to be served on such person.
Service of a second notice shall be made by personally delivering a true copy thereof to the person on whose premises the vehicle is located. Personal service shall be completed on the delivery of such notice. If personal delivery cannot be made with due diligence, then such true copy shall be mailed by certified mail, return receipt requested, to such person. Service shall be complete 10 days after much mailing.
[Amended 8-11-1994 by L.L. No. 4-1994]
The nongaraged or illegal storage of an abandoned vehicle as defined in this chapter shall constitute an offense. After 30 days' notice, an appearance ticket will be issued by the Zoning Enforcement Officer to appear in Town Court, Town of Caledonia. Punishment for violation of this chapter shall be a fine not to exceed $250 or imprisonment for not more than 15 days, or both per vehicle for each separate violation.
In addition to the penalties set forth above, the Town may commence an action in its own name against any person in any civil court of competent jurisdiction to seek an injunction to enforce compliance with this chapter. Such an action for injunctive relief may be independent of or a part of an action to collect the civil penalties as hereinabove provided.
The Town's Enforcement Officer shall have and is hereby given the authority to go upon any parcel of real property in the Town, public or private, exclusive of enclosed structures or buildings, at any time during daylight hours, to examine and inspect any vehicles or parts or components thereof to determine whether a violation of this chapter has been committed or to determine the condition of any vehicles or parts or components thereof. The officer shall notify the property owner, in writing, prior to entering on such property.