[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 2-5-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
Vehicles and traffic generally — See Ch. 216.
This chapter is enacted in recognition of the fact that junk cars abandoned or stored on private property can constitute both a public and private nuisance. They, among other sources of potential injuries, are a source of potential injury to children and others who may find them an attractive nuisance; they are often times replete with broken glass, sharp, torn metal edges and points, gasoline fumes, gasoline remaining in tanks of a highly explosive and combustible nature and hurtful acid in batteries. Junk cars constitute a blight on the village's landscape; they destroy the aesthetic qualities of the village and they are generally otherwise unsightly. Their existence tends to depreciate not only the property on which they are located but also the property of other persons in the neighborhood and the village generally. They constitute the village a less safe and less pleasant place in which to live and to do business. The control of the storage of junked motor vehicles outdoors on privately owned property, as well as abandoned vehicles on privately owned property, is, therefore, a necessity for the preservation, safety and welfare of the community. The intent of this chapter is to establish a procedure for the control and timely removal of these junked and abandoned motor vehicles where they are found in the village outside duly licensed establishments.
With increasing frequency, vehicles which are not roadworthy have been licensed with the apparent intent to avoid the requirements of this chapter. As a result, vehicles which are not roadworthy and which are physically unattractive and detrimental to the health and well-being of residential areas are being retained upon residential property contrary to the purpose expressed at the time of the enactment of this chapter. It is the purpose of this amendment to indicate with certainty that the retention of motor vehicles on residential property must be for the purpose of eventual use and enjoyment of said vehicles upon the highways of the State of New York and not simply to avoid the time or expense of removal. It is further the purpose hereof to encourage the owners thereof to commence repair, renovation and removal of dangerous articles from their premises to promote the general health and well-being desired in the Village of Canastota.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- The same definition as that contained in § 1224 of the Vehicle and Traffic Law of the State of New York, as now or hereafter amended.
- ENFORCEMENT OFFICER
- The individual designated by the Board of Trustees to investigate and commence action upon violation of this chapter. Such individual shall be the Code Enforcement Officer of the Village unless the Board of Trustees, by resolution, designates some other of additional offices.
- JUNK MOTOR VEHICLE
- Any motor vehicle that is unlicensed and is not in condition for legal use on the public highway or is licensed or unlicensed and is dismantled or partly dismantled and which is being used for the purpose of resale as a whole or as used parts therefrom or for purposes of reclaiming for use some or all of the materials therein for the purpose of disposing of the same or is in such condition as to cost more to repair and place in operating condition than its reasonable market value at the time before such repair or does not display a current New York State inspection sticker applicable to said vehicle.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power, originally intended or constructed to be for use on public highways.
- OWNER OF MOTOR VEHICLE
- Any person, firm, partnership or corporation having the primary interest in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle, subject to a security interest in another person, and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- Any person, firm, partnership or corporation, whether business or membership or religious, charitable or otherwise, or any purchaser, tenant, lessee, occupant, undertenent, receiver or assignee of private premises or private property or any other unit or entity owning real property in the Village of Canastota.
- Any individual person or persons, firm, partnership or corporation, whether business, membership, religious, charitable or otherwise, or any association or other unit or entity owning or occupying real property in the Village of Canastota.
- PREMISES OR PROPERTY
- Includes all parcels of privately owned real property located within the boundaries of the Village of Canastota, whether occupied or vacant, irrespective of size or topography.
It shall be unlawful for any person within the Village of Canastota to store or deposit, or cause, suffer or permit to be stored or deposited, a junked or abandoned motor vehicle or part or piece thereof on any private property within the Village of Canastota.
In any residential district, construction equipment and materials, vans trucks of more than one ton carrying capacity and cars used for drag or stock car racing must be stored in an enclosed garage and shall not be parked or stored in the front, side or rear yards.
Trailers, campers, boats, snowmobiles and other recreation vehicles shall not be parked in a front yard. A trailer or camper shall not be used as living quarters and shall not be connected to sewer and water facilities.
Exceptions to these parking location regulations may be granted after issuance of a special permit.
Such motor vehicle is stored or deposited in a completely enclosed building or reinforced covering which completely obscures the same from view.
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the premises. 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 more than 90 days unless the owner thereof has obtained an extension from the Code Enforcement Officer, for good cause shown, upon a petition thereto.
Such motor vehicle is temporarily stored on the premises of a duly authorized motor vehicle service station or a body repair shop within the village or is in the inventory or part of the inventory of a new or used motor vehicle dealer or a duly licensed junk dealer located in compliance with the laws and ordinances of the Village of Canastota.
Any junked or abandoned motor vehicle, as defined herein, shall be removed from the premises on which it is located by the Village of Canastota in the manner hereinafter provided:
Notice to remove. The Enforcement Officer, upon detecting an abandoned or junked motor vehicle, shall serve written notice on the person owning the premises on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of service of said notice. Such notice shall be served personally or upon a person of suitable age and discretion residing upon the premises and/or, failing the above, by registered mail to the owner's last known address, as shown on the latest completed assessment roll of the village, if the owner. Such notice shall specify the vehicle to be removed and shall also indicate the appeal procedure specified in Subsection B hereof. The current assessment roll shall be presumptive evidence of the ownership of any parcel of land upon which junked or abandoned vehicles are detected.
In the event said junked or abandoned motor vehicle or vehicles are not removed from the premises within the time required in Subsection A above, the Village of Canastota or its agent may enter upon the premises and remove and dispose of the junked or abandoned motor vehicle or vehicles. The expense of such removal and disposal shall be a lawful charge against the owner and occupant of the premises and may b collected, if necessary, in a civil action instituted in the name of the village.
The provision of § 1224 of the Vehicle and Traffic Law of the State of New York shall govern removal and disposition of abandoned motor vehicles.
Any person committing an offense against the provisions of this chapter shall be guilty of a violation pursuant to the provisions of the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.