[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Junked Motor Vehicle
Law of the Village of Hamburg."
The outdoor storage of junked motor vehicles on publicly or privately
owned property within the Village of Hamburg is detrimental to the health,
safety and general welfare of the community. The same also constitutes an
attractive nuisance to children and in many ways imperils their safety. Such
storage also endangers the person and property of members of the community,
since fuel tanks containing gasoline or gasoline fumes may easily explode.
Such storage is unsightly and depreciates all property values. The control
of the outdoor storage of junked motor vehicles on privately owned properties
within the Village of Hamburg is, therefore, regulated for the preservation
of the health, safety and general welfare of the community.
As used in this chapter unless the context or subject matter otherwise
requires:
Any motor vehicle, or any motor vehicle parts or equipment, that
is old, wrecked, discarded, abandoned or dismantled or partially dismantled
which is in such deteriorated condition that it cannot be legally operated
upon the public highway without substantial repairs. With respect to any motor
vehicle not required to be licensed or motor vehicles not usually used on
public highways, the fact that such motor vehicle has remained unused for
more than six months and is not in condition to be moved under its own power
shall be presumptive evidence that such motor vehicle is a junked 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 purposes of this chapter,
the term "motor vehicle" shall include, but is not limited to, automobiles,
trucks, buses, motorcycles, snowmobiles and trailers.
A person, firm or corporation having the property in or title to
a motor vehicle, 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.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private premises
or private property located within the Village of Hamburg.
Includes all parcels of real property not owned by any unit of government
situated in the Village of Hamburg, whether occupied or vacant, regardless
of size, topography or location.
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise of property within the
Village of Hamburg, to store or deposit, or cause or permit to be stored or
deposited, a junked motor vehicle, or part or piece thereof, on any private
property within the Village of Hamburg, unless:
A.
Such motor vehicle is stored or deposited on premises
legally used and operated as a junkyard; or
B.
Such motor vehicle is stored or deposited in a completely
enclosed building; or
C.
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 not
to create any safety hazard or nuisance to surrounding property owners and
shall not remain on the premises more than one month; or
D.
Such motor vehicle is temporarily stored on the premises
of a public garage, motor vehicle service station or body repair shop within
a commercial or industrial district of the village while awaiting repair or
servicing at such place of business. Not more than five such vehicles shall
be permitted to be stored on any such premises at any one time. Temporary
storage is defined as no more than 30 consecutive days.
If the provisions of the foregoing sections are believed to be violated,
the Building Inspector shall serve a written notice, either personally or
by registered, certified or ordinary mail, upon the owner, occupant or person
having charge of such private property, to comply with the requirements of
this chapter. If the Building Inspector is unable to ascertain the ownership
of such private property by any other means, he or she may determine ownership
of any such parcel of land in the Village of Hamburg from the current assessment
roll of the village and may serve written notice upon the owner thereof by
mailing such notice by certified mail to the owner at the address listed on
the current assessment roll. If the Building Inspector is unable to determine
the ownership or address of the owner of said private property, such notification
may be made by publishing same in the official newspaper of the village once
each week for two consecutive weeks. The notice shall be in substantially
the following form:
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To the owner, occupant or person having charge of land within the Village
of Hamburg briefly described as follows:
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___________________________________________________________
(here describe subject property)
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Notice is hereby given that a junked motor vehicle is stored or deposited
on the above described property in violation of the Junked Motor Vehicle Law
of the Village of Hamburg. This vehicle must be removed therefrom within 10
days from the date of this notice; provided, however, that if this notice
is served on you by publication, said motor vehicle shall be removed within
24 days from the first publication date of this notice. If such motor vehicle
is not removed on or before the expiration of said 10 days from the date hereof,
or on or before the expiration of said 24 days from the date of this notice,
in the event that it is served on you by publication, you are hereby summoned
to appear before the Village Court Justice of the Village of Hamburg, New
York, at _________ p.m. on the ______ day of ________, 19___ at which time
a hearing will be held to determine why the Village of Hamburg, New York,
acting through its duly authorized agents, servants, officers and employees,
should not enter upon said property and remove and cause said motor vehicle
to be destroyed. In the event that the Village Court Justice directs that
said motor vehicle be removed and destroyed, the expense incurred by the Village
of Hamburg shall be assessed against said property and shall constitute a
lien thereon and be collected in the manner provided by law.
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Dated:
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BUILDING INSPECTOR OF THE Village of Hamburg
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A violation of this chapter or any provision or part thereof by any
person, firm or corporation is hereby declared to be a violation of the Penal
Law, punishable by a fine not exceeding $250, or by imprisonment not to exceed
15 days, or both. Any person who shall resist or obstruct the duly authorized
agents, servants, officers and employees of the Village of Hamburg in the
removal and destruction of a junked motor vehicle by order of the Board of
Trustees shall be subject to the fines and penalties provided herein.
Notwithstanding any other provision of this chapter, the Village of Hamburg may serve such notices, hold such hearings and do such other and further things as are set forth in § 233-5 hereof and may at the same time, or at any other time, without prior notice, proceed under § 233-6 hereof, concerning the imposition of penalties.
