[HISTORY: Adopted by the Board of Trustees
of the Village of North Syracuse 8-8-2002 by L.L. No. 2-2002. Amendments
noted where applicable.]
[Amended 6-9-2005 by L.L. No. 2-2005]
The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles or parts thereof upon public property
within the Village of North Syracuse is dangerous, unsightly and a
detriment to the preservation of public health, the protection of
property and the safety and welfare of the residents of the Village
of North Syracuse. The outdoor storage of abandoned, junked, discarded,
unregistered and unlicensed motor vehicles or parts thereof upon public
or private property within the Village of North Syracuse constitutes
an attractive nuisance to children and a peril to their safety. Such
storage constitutes a threat to the safety and welfare of the residents
of the Village of North Syracuse since the fuel tanks frequently contain
gasoline or gasoline fumes and may be subject to explosion in case
of fire. Such storage depreciates the value of the neighboring properties
and is unsightly and discourages the orderly, progressive development
of the Village of North Syracuse. The control of the outdoor storage
of abandoned, junked, discarded, unregistered and unlicensed motor
vehicles or parts thereof upon privately owned properties within the
Village of North Syracuse is therefore regulated for the preservation
of the public health, safety and welfare of the residents of the Village
of North Syracuse.
[Amended 6-9-2005 by L.L. No. 2-2005]
A.
ABANDONED
DISCARDED
JUNKED
MOTOR VEHICLE
OWNER OF MOTOR VEHICLE
OWNER OF PRIVATE PROPERTY
PREMISES
UNREGISTERED MOTOR VEHICLES
As used in this chapter, the following terms shall
have the meanings indicated:
The intent of the owner of a motor vehicle not to use the
motor vehicle on the public highways. The intent of the owner of the
motor vehicle may be determined by the physical condition of the motor
vehicle, the statements of the owner of the motor vehicle, the length
of time since the motor vehicle was last used on the public highway
and whether the motor vehicle is registered. With respect to motor
vehicles not required to be registered or motor vehicles not customarily
used on the public highway, the intent of the owner may be determined
by the physical condition of the motor vehicle, the length of time
since it was last used for the purposes intended and the statements
of the owner.
Any motor vehicle which the owner thereof does not intend
to recover possession thereof, or any motor vehicle to which ownership
cannot be reasonably determined with due inquiry.
Any motor vehicle in such condition as to cost more to repair
in order to place such motor vehicle in operating condition than the
value of the motor vehicle at any given time.
Every vehicle operated or driven or capable of being driven
or operated upon a public highway by any power other than muscular
power, which includes electric power obtained from overhead trolley
wires and includes vehicles operated upon rails, and such vehicles
as are run only upon rails or tracks. For the purposes of this chapter,
“motor vehicle” shall include tractors used exclusively
for agricultural purposes, self-propelled combines, self-propelled
corn and hay harvesting machines and self-propelled caterpillar or
crawler-type equipment and shall also include motorcycles, omnibuses,
house trailers, motor homes, snowmobiles and other motor-driven devices.
A person having property in or title to a motor vehicle.
The term includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person and also
includes any lessee or bailee of a motor vehicle having the use thereof
under lease or otherwise.
Includes the legal owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Village of North Syracuse.
Includes all parcels of real property situate in the Village
of North Syracuse, whether occupied or vacant, irrespective of size
or topography.
Any motor vehicle which has not been registered with the
proper authorities for a period of at least 30 days from the expiration
of the last valid licensing, with the exception of those motor vehicles
in the possession of authorized used car dealers or garagemen for
the purpose of sale or repair.
B.
Any terms not herein defined shall have the definition
as used in Webster's dictionary.
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise
of any private property within the Village of North Syracuse, to store
or deposit or cause or permit to be stored or deposited an abandoned,
junked, discarded, unregistered or unlicensed motor vehicle or vehicles
or parts thereof upon any private land within the corporate limits
of the Village of North Syracuse.
[Amended 6-9-2005 by L.L. No. 2-2005]
A.
If the provisions of § 227-3 are violated, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of any such public or private property to comply with the provisions of this chapter. The Code Enforcement Officer may determine ownership of any parcel of land within the Village of North Syracuse and may serve written notice upon such owner by mailing such notice by regular mail to the owner at the address listed in the then-current tax rolls. In the event that the Code Enforcement Officer cannot determine the owner or address of the owner of a parcel of land within the Village of North Syracuse, the Code Enforcement Officer may serve written notice by publishing written notice in the official newspaper of the Village of North Syracuse 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 North Syracuse known as: ____________________. Notice is hereby given that an abandoned, junked, discarded, unregistered or unlicensed motor vehicle in violation of § 227-3 of the Code of the Village of North Syracuse, as amended, or part thereof has been stored or deposited on the above-described property in the Village of North Syracuse. This motor vehicle or part thereof must be removed within 10 days from the date of this notice.
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In the event that this notice is served upon
you by publication, the motor vehicle or parts thereof must be removed
within 24 days from the first date of publication of this notice.
In case you fail or refuse to comply with this notice on or before
the expiration of 10 days from the date of this notice, or before
the expiration of 24 days from the date of this notice in the event
that it is served upon you by publication, the motor vehicle will
be towed and subject to disposition in accordance with the Vehicle
and Traffic Law of the State of New York. In the event the Village
removes or destroys the motor vehicle, the expense incurred by the
Village of North Syracuse will be assessed against the above-described
property and shall constitute a lien thereon and be collected as provided
by law.
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B.
In addition to the foregoing, similar written notice
shall be served upon the owner of the motor vehicle if such owner
can be readily ascertained.
[Amended 6-9-2005 by L.L. No. 2-2005; 9-8-2022 by L.L. No. 4-2022]
Any owner convicted of violating this chapter
shall be fined a sum not to exceed $250 or be subject to imprisonment
for a term not to exceed 15 days, or both. Each separate occurrence
may constitute a separate additional violation. A violation of this
chapter shall be an offense. Each week's continued violation shall
constitute a separate, additional violation for which no further notice
of any kind needs to be filed or served.
