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.
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.