[HISTORY: Adopted by the Board of Trustees of the Village of Angola
as Ch. 52 of the 1974 Code. Amendments noted where applicable.]
A.
Outdoor storage of abandoned, junked, discarded and unregistered
motor vehicles upon privately owned property within the Village of Angola
is detrimental to the safety, the health and the welfare of the public. The
outdoor storage of such vehicles upon privately owned lands constitutes an
attractive nuisance to children and a peril to their safety. It is a fire
hazard and a possible source of fire and explosions.
B.
The preservation of peace and good order, the preservation
of public health, the protection of property and the prevention of fire and
explosions cause the Board of Trustees of the Village of Angola to legislate
upon this subject matter. It is hereby declared that the adoption of this
chapter has for its purpose the effective termination of such practice.
[Amended 5-21-2001 by L.L. No. 1-2001]
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise, to store, place,
park or deposit, or cause or permit to be stored, placed, parked or deposited,
an abandoned or junked or discarded and/or inoperable motor vehicle or motor
vehicles upon any private land, unenclosed by a building upon the surface
of such land, within the corporate limits of the Village of Angola, except
for one vehicle covered with a commercial-type cover or having a current New
York State vehicle inspection sticker.
B.
For the purposes of this section, an "abandoned or junked
or discarded and/or inoperable vehicle" shall mean a motor vehicle that is
not a properly inspected, insured and registered motor vehicle, licensed so
as to be legally used on a public highway, and which has remained in such
a condition for a period of at least 14 days.
[Amended 5-21-2001 by L.L. No. 1-2001]
If provisions of the foregoing section are violated, the Village Code
Enforcement Officer shall serve written notice, either personally or by mail,
upon the owner, occupant or person having charge of any such land to comply
with the provisions of this chapter. The notice shall be in substantially
the following form:
"To the owner, occupant, or person having charge of land known on the
Assessment Map of the Village of Angola as Lot _____ Number(s) _____ or Number
_____ _______________ Street or Avenue:
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Notice is hereby given that an abandoned, damaged, discarded, unlicensed
and/or inoperable motor vehicle has been found or deposited upon the above-described
property in the Village of Angola. This automobile must be removed within
10 days from the date of this notice.
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In case you fail or refuse to comply with this notice on or before the
expiration of the said 10 days from the date of this notice, the Village of
Angola, acting through its authorized agents, servants, officers and employees,
will enter upon your land and remove and cause the same to be destroyed. The
expense incurred by the Village will be assessed against the above-described
land and shall constitute a lien then to be collected as provided by law."
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A.
Any owner, occupant, lessee, agent, or tenant who shall
neglect and refuse to remove said abandoned or junked or discarded or unlicensed
and/or inoperable motor vehicle, in violation of this chapter, or who shall
fail or refuse to comply with the provisions of any notice herein provided
for, or who shall violate any of the provisions of this chapter, or who shall
resist or obstruct the duly authorized agents, servants, officers and employees
of the Village in the removal and destruction thereof shall, upon conviction
thereof, be subject to a fine or penalty not to exceed $250 or imprisonment
for not to exceed 15 days, or both.[1]
B.
In case of failure to comply with the notice given as provided in § 224-3 hereof, the Village Board shall authorize and designate a person or persons as its servant, agent or employee to enter on the land where the vehicle or vehicles are located, remove same and cause such to be destroyed. The expense incurred by the Village shall be assessed against the land upon which the vehicle is found and shall constitute a lien thereon and shall be collected in the same manner as regular Village taxes.