Town of Busti, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Busti 6-20-2011 by L.L. No. 3-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 270.
Zoning — See Ch. 405.

§ 386-1 Title.

This chapter may be cited as the "Junked Vehicles Law" of the Town of Busti, Chautauqua County, New York.

§ 386-2 Purpose.

The Town Board of the Town of Busti adopts this chapter to establish regulations and procedures for junked, discarded, dismantled or currently unlicensed motor vehicles on private property within the Town of Busti so that the public health, safety and welfare of its residents will not be jeopardized.

§ 386-3 Findings.

A. 
It is hereby declared and found that junked, discarded, dismantled or currently unlicensed motor vehicles on private property within the Town of Busti affect the public interest and may constitute a nuisance. Such vehicles are generally unsightly, affecting the aesthetic quality of the Town, and may depreciate the value of neighboring properties. Abandoned or junk vehicles may constitute an attractive nuisance to children and cause their safety to be jeopardized. If left unabated, such storage may pose a dangerous hazard to the community.
B. 
The control of abandoned, junked, discarded and unregistered motor vehicles on privately owned properties within the Town of Busti is found to be necessary for the preservation and protection of the health, safety and general welfare of the community.

§ 386-4 Authority.

The Town Board of the Town of Busti enacts this chapter under the authority granted by:
A. 
Article IX of the New York State Constitution, § 2(c)(10).
B. 
New York Statute of Local Governments, § 10(1), (5) and (7).
C. 
New York Municipal Home Rule Law, § 10(1)(i) and (ii)(9-a), (11), (12) and (14).
D. 
New York Town Law, § 130(11) (Peace, good order and safety) and (15) (Promotion of public welfare).
E. 
New York Town Law, § 64(17-a) (Protection of aesthetic interests) and (23) (General powers).
F. 
The decision of the Court of Appeals of New York in Lane v. City of Mount Vernon, 38 N.Y.2d 344, 379 N.Y.S.2d 798 (1976).

§ 386-5 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
JUNKED MOTOR VEHICLE
Any vehicle that is: 1) unregistered and is not in condition for legal use on a public highway; or 2) unregistered or registered and is dismantled or partly dismantled and is being held or used for the purpose of resale, in whole or in part, or for the purpose of reclaiming some or all of the materials therein for the purpose of disposing of the same. A motor vehicle shall be presumed to be a junked vehicle if it is not duly registered and is dismantled or partly dismantled or dilapidated or is in a rusted or wrecked condition or lacks equipment in good operating condition necessary to enable it to be operated or required by law to enable it to be registered. If a motor vehicle has remained unused for more than six months and is not in a condition to be moved under its own power, whether registered or unregistered, that shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
MOTOR VEHICLE
A machine intended to be propelled by any means other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, but not be limited to, an automobile, bus, truck, tractor, trailer, mobile home, motorcycle or any other conveyance originally intended for use on public highways.

§ 386-6 Junked vehicles prohibited.

It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to place, park, store or deposit, or cause or permit to be placed, parked, stored or deposited, a junked motor vehicle upon any private land within the Town of Busti.

§ 386-7 Exceptions.

A. 
This chapter shall not apply to the storing of any motor vehicle in a wholly enclosed garage or similar structure, when said storage is in compliance with the requirements of the New York State Uniform Fire Prevention and Building Code and Chapter 405, Zoning, of the Code of the Town of Busti.
B. 
This chapter shall not prohibit a person from keeping one unregistered motor vehicle on his own property, provided that such unregistered motor vehicle has not been substantially dismantled or permitted to deteriorate and permitted to continue in that state for a period of at least three months, after which time there shall be a presumption that there is no interest to make the vehicle fit to operate. As used in this subsection, the term "property" shall include all contiguous land owned by a single owner in a particular location, regardless of the actual number of parcels into which it may be divided on the official Tax Maps.
C. 
This chapter shall not apply to duly authorized motor vehicle service stations, nor to properties occupied and used for the repair, reconditioning and remodeling of vehicles in conformance with Chapter 405, Zoning, of the Code of the Town of Busti.
D. 
This chapter shall not apply to properties that have been properly licensed to operate as junkyards in conformance with Chapter 270, Junk and Junkyards, of the Town of Busti Code.
E. 
This chapter shall not apply to farm equipment located on a parcel used for a farm operation.

§ 386-8 Enforcement procedure.

A. 
Upon identifying a junked motor vehicle, the Code Enforcement Officer shall serve written notice, either personally or by mail, on the person owning the parcel of property on which the junked vehicle is located, ordering such person to remove the same or cause the same to be removed therefrom within 15 days of the date of such service. The notice shall contain a description of the parcel of property, a statement as to the location thereon of a junked vehicle, and a reference to this chapter and to the fact that the location of such junked vehicle on such parcel of property is in violation hereof. If such parcel of property is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice, or if no owner can be located upon whom to make personal service, the Code Enforcement Officer shall mail such notice to owners not personally served or to the owner and/or all owners if no owner was personally served, by registered or certified mail to his or their last known address as shown on the latest completed assessment roll of the Town. In addition, the Code Enforcement Officer shall post conspicuously a copy of such notice on the parcel of property upon which said junked motor vehicle is located.
B. 
At the expiration of 15 days after the service or mailing and posting of such notice, if the junked motor vehicle has not been removed, the Code Enforcement Officer is authorized to issue an appearance ticket or tickets for a violation or violations of this chapter to recover penalties prescribed by § 386-11 of this chapter.

§ 386-9 Alternative enforcement procedure.

In addition to any penalty, fine or injunctive relief, as provided in § 386-11 hereof, any junked motor vehicle may be removed from the premises upon which it is located in the following manner:
A. 
Upon identifying a junked motor vehicle, the Code Enforcement Officer shall serve written notice, either personally or by mail, on the person owning the parcel of property on which the junked vehicle is located, ordering such person to remove the junked vehicle or cause the same to be removed within 15 days of the date of such service. The notice shall contain a description of the parcel of property, a statement as to the location thereon of a junked vehicle, and a reference to this chapter and to the fact that the location of such junked vehicle on such parcel of property is in violation hereof. If such parcel of property is owned by more than one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served or to the owner and/or all owners if no owner was personally served, by registered or certified mail to their or his last known address as shown on the latest completed assessment roll of the Town. In addition, the Code Enforcement Officer shall post conspicuously a copy of such notice on the parcel of property upon which said junked motor vehicle is located.
B. 
At the expiration of 15 days after the service or mailing and posting of such notice, if the junked motor vehicle has not been removed, the enforcement officer shall report such fact to the Town Board in writing. Such report shall cite the violation, the notices given as required hereunder, and the failure to comply therewith, and may include or refer to photographs of such junked vehicle and of the parcel of property upon which it is located. Such report shall be entered in the official minutes of the Town Board by the Town Clerk, and any such photographs shall be filed in the Town Clerk's office.
C. 
The Town Board shall thereafter hold a public hearing on 10 days prior notice published in the official newspaper of the Town and posted on the signboard of the Town. The purpose of such hearing is to give the property owner and/or the owner of the junked vehicle an opportunity to be heard as to why the same has not been removed, for the Town Board to determine whether the continued presence of such vehicle constitutes a public nuisance and/or a threat to the health, safety and general welfare of the community, and also for the Town Board to receive proposals for the removal of such junked vehicle. Notice of this hearing shall be served upon the owner(s) of such parcel of property by certified mail addressed to the address shown on the latest assessment roll of the Town and to such other address as the Town Clerk may reasonably believe to give appropriate notice.
D. 
After the hearing, if the Town Board has determined that the junked vehicle must be removed and such removal is not made within 10 days subsequent to the hearing or within such other time period as the Board may specify, the Town Board may contract for the removal of such junked vehicle. The expense of such removal may be assessed on the real property from which said junked vehicle was removed and shall constitute a lien and charge upon said real property until paid or otherwise satisfied or discharged as other Town assessments.

§ 386-10 Abandoned vehicle; removal; notification.

Any junked motor vehicle found to have been abandoned on any highway or other public place in the Town in violation of § 1224 of the Vehicle and Traffic Law of the State of New York shall be removed and disposed of in the manner as provided in said § 1224. The Code Enforcement Officer is authorized as the proper person to execute all notices and documents required to be given, mailed or filed with the Department of Motor Vehicles or any person.

§ 386-11 Penalties for offenses.

A. 
Any vehicle owner, property owner, occupant, lessee, agent or tenant who owns a junked motor vehicle, or who owns property on which there exists a junked motor vehicle, or who refuses to remove said junked 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 resist or obstruct the duly authorized agents, servants, officers and employees of the Town in the removal thereof shall, upon conviction thereof, be guilty of a violation punishable by a fine of up to $100 for each violation 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 chapter shall constitute, for each day the offense is continued after notice, a separate and distinct offense hereunder.
B. 
A violation of this chapter shall also subject the violator to a civil penalty of $100 for each violation, less any criminal monetary fine which may have been imposed. Each junked motor vehicle abandoned, stored, left or located in violation of this chapter shall constitute a separate violation.
C. 
The Town Board of the Town of Busti also may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.

§ 386-12 Supersession of state law.

To the extent that any provisions of this chapter are inconsistent with the New York State Vehicle and Traffic Law § 1224, or Civil Practice Law and Rules Article 3, or Criminal Procedure Law Article 150, the Town Board of the Town of Busti hereby declares its intent to supersede those sections of the New York State law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.