[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 9-19-1988
by L.L. No. 2-1988; amended in its entirety 12-19-2006
by L.L. No. 1-2006. Subsequent amendments noted where applicable.]
The presence of abandoned, junked, discarded, inoperable or unregistered
motor vehicles upon privately owned property within the Village is detrimental
to the safety, health and public welfare. It constitutes an attractive nuisance
to children and is a peril to their safety. It is a source of vexation and
annoyance. It depreciates the value of neighboring properties. It is a fire
hazard and a potential source of fire and explosions. The preservation of
public health and protection of property and the elimination of public peril
compel the governing body to legislate on this matter. It is hereby declared
that the adoption of this chapter has for its purpose the effective termination
of such practices.
As used in this chapter, the following terms shall have the meanings
indicated:
The intent of the owner of a vehicle not to use it on the public
highways or as a conveyance in the manner for which said vehicle was originally
designed shall establish it as "abandoned." The intent of the owner shall
be determined by the physical condition of the vehicle, any statements as
to its abandonment, the length of time since the vehicle was last used, whether
the vehicle is currently registered and any other relevant facts.
A motor vehicle, but not a reproduction thereof, manufactured more
than 25 years prior to the current year and which, because of discontinued
production and limited availability, is considered to be a model or make of
significant value to collectors or exhibitors and which has been maintained
in or restored to a condition which is substantially in conformity with the
manufacturer's specifications and appearance.
A motor vehicle, but not a reproduction thereof, manufactured more
than 10 years prior to the current year and which, because of discontinued
production and limited availability, is considered to be a model or make of
significant value to collectors or exhibitors and which has been maintained
in or restored to a condition which is substantially in conformity with the
manufacturer's specifications and appearance.
Any vehicle which the owner thereof, as established by the surrounding
circumstances, does not intend to recover the possession of or any vehicle
of which the owner cannot be found after due and reasonable inquiry.
Any vehicle which is not capable of performing the function for which
it was originally designed and intended or which is not of sufficient operating
order to be licensed by the State of New York for use on a public way.
Any vehicle which, for any reason, is incapable, without repair,
of being moved or propelled by application of internal power, if it is a vehicle
originally designed to be propelled by internal power, or is incapable, without
repair, of being drawn or towed, if it is a vehicle originally designed to
be towed or drawn from behind an internally powered vehicle, and, as adjudged
by the standards of an ordinary reasonable man, is unsightly in appearance
because of the existence of one or more conditions, such as but not limited
to the following: deterioration by rust of the body; deterioration of the
exterior finish of the vehicle; broken windows; absence of component parts
of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood,
trunk door, tires, wheels, grille, roof or tailgate); physical damage (such
as dents, cracks, scrapes or holes) to component parts of the vehicle; and
absence of interior components (such as seats, dashboard or interior door
moldings).
Any vehicle which may be but is not currently registered with the
State of New York. The fact that a vehicle which may be licensed or registered
with the State of New York does not display a current registration plate or
displays an expired registration plate shall be presumptive evidence of the
fact that such motor vehicle is not currently registered.
Any means of transport or conveyance operated, driven, drawn or capable
and intended to be operated, drawn or driven upon a public highway by a power
other than muscular power. A vehicle shall include but not be limited to automobiles,
motorcycles, motorbikes, buses, all types of trailers, including trailers
used for storage, trucks, tractors, mobile homes, other than those legally
in use in an authorized mobile home park, recreational vehicles, snowmobiles,
all-terrain vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise, to deposit or cause or
permit to be deposited an abandoned, junked, discarded, inoperable or unregistered
motor vehicle on any private land within the corporate limits of the Village
of Norwood.
If the provisions of § 185-3 are violated, the Code Enforcement Officer shall serve, or have served, written notice, either personally or by certified mail, upon the owner, occupant or person having charge of any such land upon which any such motor vehicle is deposited to comply with the provisions of this chapter. The notice shall be substantially the following form:
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TO THE OWNER, OCCUPANT OR PERSON HAVING CHARGE OF LANDS IN THE VILLAGE
OF NORWOOD:
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Address:
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NOTICE IS HEREBY GIVEN by the Village of Norwood that an abandoned,
junked, discarded, inoperable or unregistered motor vehicle has been found
deposited upon the above-described property in the Village of Norwood. This
motor vehicle must be removed within seven days from the date of this notice.
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UPON FAILURE OR REFUSAL to comply with this notice on or before the
expiration of said seven days from the date of this notice, the Village of
Norwood, acting through its duly authorized agents, servants, officers and
employees, may enter upon your land and remove said motor vehicle, in the
sole and absolute discretion of the Village. Any expense incurred by the Village
will be chargeable to you and will be collected as provided by law.
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Date:
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Code Enforcement Officer
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If any person or organization subject to this chapter shall fail to comply with the provisions of this chapter, the Code Enforcement Officer, or his duly designated agent, shall cause such vehicle to be removed, and all expenses of such removal, and related expenses, shall be collected as hereinafter provided. Exercise of this removal shall not bar, preclude or prohibit the Village from exercising and invoking the provisions of § 185-7 of this chapter.
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse
to remove said abandoned, junked, discarded, inoperable or unregistered motor
vehicle as directed by 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 authorized
agents, servants, officers or employees of the Village of Norwood in the removal
of any motor vehicle, shall be deemed to be violating this chapter and shall
be subject to a penalty not exceeding $250 or imprisonment not exceeding 15
days, or both, for each and every violation. Each continuous week of such
violation shall be considered a separate offense for the purposes of this
chapter.
