§ 244-1Legislative findings; intent.
§ 244-2Definitions; word usage.
§ 244-3Collection, storage and dismantling; sale.
§ 244-4Removal procedure.
§ 244-5Penalties for offenses.
This chapter is enacted in recognition of the fact that junk or abandoned vehicles stored on private property can constitute both a public and private nuisance. They are, among other sources of potential injury, a source of potential injury to children and others who may find them an attractive nuisance. They are replete with broken glass; sharp, torn metal edges, and points; gasoline of a highly explosive and combustible nature remaining in tanks; and harmful acid in batteries. Junk vehicles constitute a blight on the Village's landscape. They destroy the aesthetic qualities of the Village and they are generally otherwise unsightly. Their exposure tends to depreciate not only the property upon which they are located but also the property of other persons in the neighborhood and Village generally. They render the Village a less safe and less pleasant place in which to live and do business. They hurt the welfare of the Village as a whole.
The intent of this chapter is to establish a legal procedure for the removal of these junk vehicles where they are found in the Village and to provide a penalty to the owner or owners of the property upon which vehicles are found.
For the purpose of this chapter, the following terms shall have the meanings indicated.
- ABANDONED MOTOR VEHICLE
- Any motor vehicle that the owner thereof does not intend to use on public highways.
- DISCARDED MOTOR VEHICLE
- Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of or any motor vehicle, the owner of which cannot be found after due and reasonable inquiry.
- ENFORCEMENT OFFICER
- The Police Department of the Village of Blasdell and the Building Inspector of the Village, unless the Village Board, by resolution, designates some other Village officer as enforcement office or by resolution establishes the position of Code Enforcement Officer for the Village and appoints some qualified person thereto at a salary specified in such resolution.
- JUNK VEHICLE
- Any motor vehicle, whether automobile, bus, truck, tractor, mobile home or any other vehicle, which is abandoned, discarded, stored, left or located by its owner or any other person or is permitted or condoned to be abandoned, discarded, stored, left or located by its owner or any other person on private premises in the Village of Blasdell, and which junk vehicle is without either current and valid license plates, registration, or is uninspected by the State of New York.
- 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. For the purpose of this definition, the term "motor vehicle" shall include, but not be limited to, automobiles, trucks, buses, motorcycles and trailers.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- Any individual person or persons, firm, partnership, corporation, association or other entity owning real property in the Village of Blasdell.
- UNINSPECTED MOTOR VEHICLE
- Any motor vehicle that may be licensed in the State of New York and is not currently Inspected. The fact that a motor vehicle does not display a current inspection sticker shall be presumptive evidence of the fact that such motor vehicle is not currently inspected.
- Not registered in the State of New York or not having proper and current license plates affixed.
The use of any term herein in the singular is intended, where applicable, to include the plural.
No person shall engage in or conduct, whether for profit or otherwise, on real property within the Village of Blasdell, whether for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, at wholesale or retail, any operation that involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise of bodies, engines, or parts of motor vehicles.
No person shall engage in or conduct the sale of junked motor vehicles on real property in the Village of Blasdell nor shall such person act on behalf of any other person.
It shall be unlawful for any person, firm, or corporation, either as owner, occupant, lessee, agent and/or tenant of property within the Village of Blasdell, to store or cause or permit to be stored or deposited any junked motor vehicles, or part or piece thereof, on any private property within the Village of Blasdell unless:
Such motor vehicle is stored or deposited in a completely enclosed building. No junked vehicle, equipment or materials shall be stored in open areas on the premises.
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws in the Village of Blasdell, and under circumstances wherein any junk motor vehicles offered for sale or resale is stored in a completely enclosed building on behalf of its owner(s).
A motor vehicle that is under repair, reconstruction or refurbishing must be stored in a completely enclosed building.
If any person or entity owning such land shall, after five days' written or posted notice, fail or neglect to remove said junk vehicle or vehicles from said property within the Village of Blasdell as heretofore required by this chapter, then the Board of Trustees of the Village of Blasdell may cause such removal after the five-day period and assess the expense thereof upon such land, and said expenses shall be assessed and taxed to said property pursuant to § 1400 et seq. of the Real Property Tax Law and assessed in addition to all regular, usual and other taxes assessed to said property, pursuant to § 1400 et seq. of the Real Property Tax Law of the State of New York. The notice herein required to be given by this section hereof may be served by personal service and, in the event personal service may not be accomplished after due diligence, than by mailing such notice to such owner, addressed to his last known address.
The notice provided for in the foregoing Subsection A shall only be necessary in the case in which the Village desires to do the work and assess the expense thereof upon such land, but no notice shall be required from the Village in order to make any owner of such land guilty of violation of this chapter.
Notwithstanding any other provision of this chapter, if the person notified pursuant to § 244-4 shall fail to remove such junk vehicle prior to the date set forth in the five-day notice, the enforcement officer may charge him with a violation of this chapter before the appropriate court of law.
Persons found guilty of such violation shall be subject to a fine of not more than $250 or to imprisonment of not more than 15 days, or both, for each violation.
Each junk vehicle on the property shall be considered a separate violation for the purposes of this section.