[HISTORY: Adopted by the Common Council of the City of Middletown 9-14-1964
(Ch. 55 of the 1971 Code). Amendments noted where applicable.]
The seriousness of the matter of the outdoor storage of abandoned, junked,
discarded and unlicensed motor vehicles upon privately owned properties within
the City of Middletown increases with the passage of time. It is a source
of vexation and annoyance not only to the members of the traveling public
but to the owners and occupants of adjoining lands. The outdoor storage of
such vehicles upon private lands is unsightly. It constitutes an attractive
nuisance to children and a peril to their safety in case of fire and explosion
whenever gasoline is left in the fuel tanks of such vehicles. It depreciates
the value of neighboring properties. The preservation of peace and good order,
the suppression of vice, the benefit of trade, the preservation of public
health, the protection of property, and the prevention and extinguishment
of fires and explosions compel the Common Council of the City of Middletown
to legislate upon this subject matter. It is hereby declared that the adoption
of this chapter has for its purpose the effective termination of such obnoxious
practice.
[Amended 1-23-2006]
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise, to violate the provisions
of the New York State Uniform Fire Prevention and Building Code by storing
or depositing, or causing or permitting to be stored or deposited, an abandoned,
junked, discarded or unlicensed motor vehicle or motor vehicles or parts thereof
upon any private land, upon the surface of such land, unless such vehicle
or vehicles or parts thereof are completely enclosed within a building thereon,
or stored or deposited upon premises duly licensed by the City of Middletown
as a junkyard within the corporate limits of the City of Middletown.[1]
Storage or deposit of aforesaid unlicensed motor vehicle or motor vehicles
or parts thereof as aforesaid for a period of 30 days or more shall constitute
prima facie evidence that said vehicle or vehicles or parts thereof have been
abandoned, junked or discarded.
If the provisions of the foregoing section are violated, the Commissioner
of Public Works shall serve written notice, either personally or by mail,
upon the owner, occupant or person having charge of any such land, to comply
with the provisions of this chapter. The notice shall be in substantially
the following form:
|
"To the owner, occupant or person having charge of land known on the
assessment rolls of the City of Middletown as Number __________, Street ______________________________,
or Avenue ______________________________
| ||
|
Notice is hereby given that an abandoned, junked, discarded or unlicensed
motor vehicle has been found stored or deposited upon the above-described
property in the City of Middletown. This automobile must be removed within
five days from the date of this notice.
| ||
|
In case you fail or refuse to comply with this notice or fail to satisfactorily
show cause before the Commissioner of Public Works, City Hall, Middletown,
New York, why the within notice should not be complied with on or before the
expiration of said five days from the date of this notice, the City of Middletown,
acting through its duly authorized agents, servants, officers and employees,
will enter upon your land and remove and cause the same to be destroyed. The
expense incurred by the City will be assessed against the above-described
land, and shall constitute a lien thereon, and be collected as provided by
law.
| ||
|
Dated: _______________
|
_____________________________"
| |
|
COMM. PUBLIC WORKS
| ||
[Amended 10-13-1992; 1-23-2006]
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse
to remove said abandoned, junked, discarded or unlicensed motor vehicle as
directed by this chapter or the New York State Uniform Fire Prevention and
Building Code or who shall fail or refuse to comply with the provisions of
any notice herein provided or who shall violate any of the provisions of this
chapter or the New York State Uniform Fire Prevention and Building Code shall,
upon conviction, be guilty of an offense punishable by a fine not less than
$250 nor more than $750 or by imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment. Each day that a violation is permitted
to exist shall constitute a separate offense.
