[HISTORY: Adopted by the Town Board of the Town of Collins 10-17-1994 by L.L. No.
1-1994. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junked
Motor Vehicle Law of the Town of Collins."
The outdoor storage of junked motor vehicles on privately owned
property within the Town of 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 on privately owned properties within the Town of Collins
outside the Village of Gowanda is, therefore, regulated for the preservation
of the health, safety and general welfare of the community.
As used in the chapter unless the context or subject matter
otherwise requires:
Any motor vehicle that is old, wrecked, discarded, abandoned
or dismantled or partially dismantled or which is in such deteriorated
condition that it cannot be legally operated upon the public highway
without substantial repairs. With respect to any motor vehicles 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.[1]
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 Town of Collins.
Includes all parcels of real property not owned by any unit
of government situated in the Town of Collins, 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 Town of Collins, 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 Town of Collins, 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 Town while awaiting repaid
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.
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 chapter. If the Code Enforcement
Officer is unable to ascertain the ownership of such private property
by any other means, he may determine ownership of any such parcel
of land in the Town of Collins from the current assessment roll of
the Town, 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 Code Enforcement Officer 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 Town 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 Town of Collins briefly described as follows:
(here describe subject property)
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 Town of Collins. 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, the 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 the said 24 days from the date of this notice, in
the said event it is served on you by publication, you are hereby
summoned to appear before the Town Board of the Town of Collins, New
York, at _____ o'clock P.M. on the _____ day of _____, 20__ at
which time a hearing will be held to determine why the Town of Collins,
New York, acting through its duly authorized agents, servants, officers
and employees, should not enter upon the said property and remove
and cause the said motor vehicle to be destroyed. In the event the
Town Board directs that said motor vehicle be removed and destroyed,
the expense incurred by the Town of Collins 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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CODE ENFORCEMENT OFFICER OF THE TOWN OF COLLINS"
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In the event a junked motor vehicle is not removed as prescribed
above, the Code Enforcement Officer shall report such fact to the
Town Board in writing. Such report shall recite the violation, the
notices given as required hereunder, and the failure to comply therewith
and shall include photographs of such junked motor vehicle and of
the premises on which it is located. Upon receipt of such report,
the Town Board shall thereafter hold a public hearing upon legal notice
thereof duly published in the official Town newspaper not less than
10 nor more than 20 days prior to such hearing and posted on the Town
Clerk's sign board. Such notice of hearing shall include a statement
of the purpose of the hearing, the names and addresses of the person
owning the property on which the junked motor vehicle is located.
After such hearing, and upon making a determination that a violation
of this chapter exists, the Town Board may cause the said junked motor
vehicle to be removed from the premises and properly disposed of and
direct that the expense of such removal and disposal be assessed against
the property described in the notice and shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged as other Town charges.
Notwithstanding any other provision of this chapter, the Town of Collins may serve such notices, hold such hearings and do such other and further things as are set forth in §§ 288-5 and 288-6 hereof and may at the same time, or at any other time, without prior notice, proceed under § 288-7 hereof, concerning the imposition of penalties.
