[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins: Art. I, 7-5-1988 by L.L. No. 2-1988 as Ch. 74 of the 1988
Code, amended in its entirety 12-21-1993 by L.L. No. 3-1993. Subsequent amendments
noted where applicable.]
[Adopted 7-5-1988 by L.L. No. 2-1988 as Ch. 74 of the 1988
Code; amended in its entirety 12-21-1993 by L.L. No. 3-1993]
A clean wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants of the village
and the safeguarding of their material rights against unwarrantable
invasion and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
village and the general welfare of its citizens. It is further declared
that the unrestrained accumulation of junked motor vehicles and junk
on privately owned property within the Village of North Collins 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, junkyards and all other junk as hereinafter
defined on privately owned properties within the Village of North
Collins is, therefore, regulated for the preservation of the health,
safety and general welfare of the community.
As used in this Article, the following terms shall have the
meanings indicated:
When used in reference to a vehicle shall include visible
exterior damage to body parts caused by collision, upset, vandalism,
rust or corrosion to an extent which would require body repairs of
a retail value exceeding $400.
A condition of a vehicle resulting from damage or partial
dismantling or from the wearing out or breakdown of mechanical or
electrical systems or parts to the degree that such vehicle is not
capable of qualifying for lawful operation thereof for its originally
intended purpose.
Scraps or debris, whether it is metal, wood, paper, cardboard
or plastic or any petroleum product, rubber and any other material,
also which accumulation is unsightly and unhealthy, providing rodent
harborage, contaminating the soil or creating a fire hazard, odor
or any kind of nuisance.
Any motor vehicle 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."
Any place of storage or deposit, whether in connection with
other business or not, where two or more unregistered, old or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of reclaiming
for use of some or all of the materials therein, whether metal, glass,
fabric or otherwise, for the purpose of disposing of the same or for
any other purpose. Such term shall include any place of storage or
deposit for any such purposes of used parts or waste materials from
motor vehicles which, taken together, equal in bulk of one or more
such vehicles; provided, however, that the term "junkyard" shall not
be construed to mean an establishment having facilities for processing
iron, steel or nonferrous scrap for sale remelting purposes only,
and also any junk as defined above.
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 Article, the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles, snowmobiles and
trailers.
A person in control of a premises either as the owner thereof
or as a contract purchaser, tenant, lessee, licensee or subtenant
in such premises or part thereof.
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 purchase,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Village of North Collins.
A vehicle(s) lacking a body part or parts such as a fender,
hood, door, window, deck lid or tires or wheels or from which headlights,
taillights or other equipment has been removed or from which engine
parts, transmission or parts thereof, suspension units or parts or
similar systems have been extracted for use in making repairs or restorations
to another similar vehicle or vehicles or systems for resale of such
removed items as antique collectibles, provided that restoration of
such vintage vehicle is an actual process and is actually substantially
completed within 90 calendar days.
All parcels of real property not owned by any unit of government
situated in the Village of North Collins, whether occupied or vacant,
regardless of size, topography or location.
The Village of North Collins, New York.
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved location shall be made, in writing, to the Board of Trustees of the village, and the application shall be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 181, Zoning. The application shall contain a description of the land to be included within the junkyard and also an environmental impact study must be completed.
A hearing on the application shall be held within the village
not less than two nor more than four weeks from the date of the receipt
of the application by the Board of Trustees. Notice of the hearing
shall be given to the applicant by mail, postage prepaid, to the address
given in the application and shall be published once in a newspaper
having a circulation within the village, which publication shall be
not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Board of Trustees
shall hear the applicant and all other persons wishing to be heard
on the application for a license to operate, establish or maintain
the junkyard. In considering such application, it shall take into
account the suitability of the applicant with reference to his ability
to comply with the fencing requirements or other reasonable regulations
concerning the proposed junkyard, to any record of convictions for
any type of larceny or receiving of stolen goods and to any other
matter within the purposes of this section.
At the time and place set for the hearing, the Board of Trustees
shall hear the applicant and all other persons wishing to be heard
on the application for certificate of approval for the location of
the junkyard. In passing upon the same, it shall take into account,
after proof of legal ownership or right to such use of the property
for the license period by the applicant, the nature and development
of surrounding property, such as the proximity of churches, schools,
hospitals, public buildings or other places of public gathering; and
whether or not the proposed location can be reasonably prevented from
affecting the public health and safety by reason of offensive or unhealthy
odors or smoke or of other causes.
At the hearing regarding the location of the junkyard, the Board
of Trustees may also take into account the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens by considering whether or
not the proposed location can be reasonably prevented from having
an unfavorable effect thereon. In this connection the Board may consider
collectively the type of road servicing the junkyard or from which
the junkyard may be seen, the natural or artificial barriers protecting
the junkyard from view, the proximity of the proposed junkyard to
established residential and recreational areas or main access routes
thereto, as well as the reasonable availability of other suitable
sites for the junkyard.
Junkyards must be in full compliance with Department of Environmental
Conservation, Department of Health and Department of Environmental
Planning regulations.
After the hearing, the Board of Trustees shall, within two weeks,
make a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail, postage prepaid,
to the address given on the application. If approved, the license,
including the certificate of approved location, shall be forthwith
issued to remain in effect until the following April 1. Approval shall
be personal to the applicant and not assignable. Licenses shall be
renewed thereafter upon payment of the annual license fee, without
hearing, provided that all provisions of this Article are complied
with during the license period, the junkyard does not become a public
nuisance under the common law and the applicant is not convicted of
any type of larceny or the receiving of stolen goods. The determination
of the Board may be reviewed under Article 78 of the Civil Practice
Law and Rules.
The annual license fee shall be $1,000, to be paid at the time
the application is made and annually thereafter in the event of renewal.
In the event that the application is not granted, the fee shall be
returned to the applicant. In addition to the license fee, the applicant
shall pay the costs of advertising such application and such other
reasonable costs incident to the hearing as are clearly attributable
thereto, and the license shall be conditional upon payment of the
same.
A.Â
Before use, a new junkyard shall be completely surrounded with a
fence at least eight feet in height which substantially screens and
with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 50 feet
from a public highway. All motor vehicles and parts thereof stored
or deposited by the applicant shall be kept within the enclosure of
the junkyard except as removal shall be necessary for the transportation
of the same in the reasonable course of the business. All wrecking
or other work on such motor vehicles and parts and all burning of
the same within the vicinity of the junkyard shall be accomplished
within the enclosure.
B.Â
Where the topography, natural growth of timber or other considerations
accomplish the purposes of this Article, in whole or in part, the
fencing requirements hereunder may be reduced by the Board of Trustees,
upon granting the license; provided, however, that such natural barrier
conforms to the purposes of this Article.
For the purposes of this Article, the location of junkyards already established shall be considered approved by the Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this Article, however, the owner shall furnish the Board with the information as to location which is required in an application, together with the license fee, and the Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this Article, including the fencing requirements set forth in § 107-12 of this Article.
A.Â
Notwithstanding any of the foregoing provisions of this Article,
no junkyard hereafter established shall be licensed to operate if
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly. Also,
no owner or occupant of any premises in the Village of North Collins
shall park, store or keep or permit the parking, storage or keeping
of such premises of any motor vehicle or other vehicle of any kind
which was designed by its original manufacturer to be propelled by
any force other than muscular power and which constitutes a damaged,
dismantled or inoperable vehicle as above defined unless such vehicle
is wholly enclosed within a building on such premises.
B.Â
This section shall not apply to:
(1)Â
The parking, storage or keeping of such vehicles when held in connection
with the operation of a business enterprise lawfully licensed for
the conduct of a repair service for such vehicles at a premises appropriately
located pursuant to the applicable zoning regulations of the Village
of North Collins; or
(2)Â
The temporary parking, storage or keeping on premises occupied by
the owner of a vehicle which is currently duly and lawfully registered
with the Department of Motor Vehicles of New York State or a sister
state or with any other department of New York State having licensing
authority respecting the operation of such vehicle during a calendar
period not exceeding 30 days immediately following the happening of
a collision or upset causing damage to such vehicle or immediately
following the occurrence of an electrical or mechanical failure by
which such vehicle shall have become inoperable, provided that no
such parking or storage during such thirty-day period shall be permitted
at a point nearer a public street than the minimum front yard setback
required for a principal building on such premises in the relevant
zoning district or at a point forward of the front face of such principal
building if such front face is further from such public street.
C.Â
Abandoned vehicles prohibited in all districts.
[Added 1-6-1998 by L.L. No. 3-1998]
(1)Â
Restriction. Only properly inspected and/or properly registered motor
vehicle, licensed so as to be legally used on a public highway, may
be stored upon the exterior of any premises.
(2)Â
Exemption. One unregistered, uninsured vehicle may be stored upon
the exterior of any premises for a period of 30 days, provided that
said vehicle is actually in the process of being repaired, reconstructed,
refurbished by the owner or owners thereof. Upon application in writing
by the owner or owners, the Code Enforcement Officer may grant a written
extension not to exceed 30 days. At the expiration of the original
30 days, if no extension is obtained, or at the expiration of the
extension period, said unlicensed, uninsured, unregistered vehicle
must be stored in a completely enclosed building on the premises.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store,
place, park or deposit or cause or permit to be stored, placed, parked
or deposited an abandoned or junked or discarded and/or inoperable
motor vehicle or motor vehicles upon any private property, within
the corporate limits of the Village of North Collins, unless:
A.Â
Such motor vehicle is stored or deposited in a completely enclosed
building;
B.Â
Such motor vehicle is stored or deposited on premises legally used
and operated as a junkyard;
C.Â
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.Â
Such motor vehicle is temporarily stored on the premises of a public
garage, motor vehicle service station or body repair shop within a
commercial, industrial, business or manufacturing 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.
A.Â
If the provisions of the foregoing sections are believed to be violated,
the Code Enforcement Officer 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 Article.
B.Â
The notice shall be in substantially the following form:
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Dear
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It has been brought to the attention of this office that you have on your property located at (_), in the Village of North Collins, a vehicle (or vehicles) in violation of Village of North Collins Chapter 107, Junkyards.
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Section 107-15 reads:
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It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store,
place, park or deposit or cause or permit to be stored, placed, parked
or deposited an abandoned or junked or discarded and/or inoperable
motor vehicle or motor vehicles upon any private property, within
the corporate limits of the Village of North Collins.
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You have 30 days from the date of this notice to have said vehicle
(or vehicles) removed from the above-named property. Failure to do
so shall be punishable, upon conviction thereof, by a fine. Each calendar
week during which said violation continues shall constitute a separate
offense.
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Sincerely,
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Code Enforcement Officer
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cc:
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Village Board
Village Attorney
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Â
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registered
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Any owner, occupant, lessee, agent or tenant who shall neglect
and refuse to remove said abandoned or junked or discarded or unlicensed
and/or inoperable motor vehicle, in violation of this Article, 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 Article or who shall resist or obstruct the duly authorized agents,
servants, officers and employees of the village in the removal and
destruction thereof shall be guilty of a violation punishable by a
fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this Article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
