[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.]
GENERAL REFERENCES
Vehicles and traffic generally — See Ch. 216.
A.
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.
B.
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:
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.
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.
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.
All vehicles propelled or drawn by power other than muscular power,
originally intended or constructed to be for use on public highways.
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.
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.
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.
A.
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.
B.
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.
C.
Exceptions to these parking location regulations may
be granted after issuance of a special permit.
D.
Such motor vehicle is stored or deposited in a completely
enclosed building or reinforced covering which completely obscures the same
from view.
E.
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.
F.
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:
A.
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.
B.
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.
