[HISTORY: Adopted by the Town Board of the Town of North Collins 5-10-1972 (Ch. 168 of the 1991 Code). Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles upon privately owned properties within the Town 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 persons and property, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates property values. The control of the outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles upon privately owned properties within the Town of North Collins is therefore regulated for the preservation of the health, safety and general welfare of the community.
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 it
on the public highway shall establish it as "abandoned." The intent
of the owner shall be determined by the physical condition of the
motor vehicle, his statements as to its abandonment, the length of
time since the motor vehicle has last been used on the public highway,
whether the motor vehicle is currently licensed and other relevant
facts. With respect to a vehicle not required to be licensed or motor
vehicles not usually used on the public highways, the intent of the
owner shall be determined by the physical condition of the motor vehicle,
the length of time since it was last used for the purposes intended,
any statements as to its abandonment by the owner and other relevant
facts.[Amended 12-4-1991 by L.L. No. 2-1991]
- Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of or any motor vehicle of which the owner cannot be found after due and reasonable inquiry.
- Any motor vehicle in such condition as to cost more to repair and place in operating condition than its reasonable market value at the time before such repairs.
- MOTOR VEHICLE
- Every vehicle operated, driven or capable of being operated or driven upon a public highway by any power other than muscular power. For the purposes of this chapter, "motor vehicles" shall include tractors used exclusively for agricultural purposes, self-propelled combines, self-propelled harvesting machines and self-propelled caterpillar- or crawler-type equipment. For the purposes of this chapter, the term "motor vehicle" shall also include motorcycles, buses and house trailers.
- OWNER OF MOTOR VEHICLE
- The person having the property in or title to a motor vehicle, including 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.
- OWNER OF PRIVATE PROPERTY
- Includes the legal owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of premises or property located within the Town of North Collins.
- Includes all parcels of real property situated in the Town
of North Collins, whether occupied or vacant, irrespective of size
or topography.[Amended 12-4-1991 by L.L. No. 2-1991]
- UNLICENSED MOTOR VEHICLE
- Any motor vehicle required to be licensed which has not been licensed with the proper authorities for a period of at least 90 days from the expiration of the licensing period.
[Amended 12-4-1991 by L.L. No. 2-1991]
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 Town of North Collins, to store or deposit or cause or permit to be stored or deposited an abandoned, junked, discarded or unlicensed motor vehicle or motor vehicles upon any private land within the limits of the Town of North Collins, except in accordance with the provisions of Chapter 144, Junkyards.
[Added 12-4-1991 by L.L. No. 2-1991]
This chapter shall not apply to any premises in the Town of North Collins which is licensed by the Town of North Collins pursuant to the Town of North Collins ordinance licensing and regulating dealers in secondhand junk and auto parts activities and business, and which is operated and maintained in the manner required by that ordinance.
If the provisions of § 244-3 are violated, the Town Clerk shall serve a written notice, either personally or by mail, upon the owner, occupant or person having charge of any such private property to comply with the requirements of this chapter. The Town Clerk may determine ownership of any parcel of land in the Town of North Collins from the current assessment rolls of the Town and may serve written notice upon the owner thereof by mailing by regular mail such notice to the owner at the address listed on the current assessment rolls. If the Town Clerk is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing in the official newspaper of the Town of North Collins for two consecutive weeks a notice in substantially the following form:
"To the owner, occupant or person having charge of land within the Town of North Collins briefly described as follows:__________
Notice is hereby given that an abandoned, junked, discarded or unlicensed motor vehicle has been stored or deposited on the above-described property in the Town of North Collins. This vehicle must be removed therefrom within 10 days from the date of this notice. In the event that this notice is served upon you by publication, said motor vehicle shall be removed within 24 days from the first publication date of this notice. In case you fail or refuse to comply with this notice on or before the expiration of said 10 days from the date thereof or before the expiration of said 24 days from the date of this notice, in the event that it is served upon you by publication, you are hereby summoned to appear before the Town Board of the Town of North Collins, New York, at _____o'clock _____m., on the __________ day of __________, 20_____, to show cause why the Town of North Collins, acting through its duly authorized agents, servants, officers and employees, should not enter upon said land and remove and cause said motor vehicle to be destroyed. In the event that the Town Board directs that said motor vehicle be removed and destroyed, the expense incurred by the Town of North Collins shall be assessed against said land and shall constitute a lien thereon and be collected as provided by law."
In the event that an abandoned, junked, discarded or unlicensed motor vehicle is not removed as prescribed above, the Town Board of the Town of North Collins shall hold a public hearing on the date and at the time specified in the notice, at which hearing the persons interested shall be heard concerning the removal of said motor vehicle. After said persons are heard, the hearing shall be closed, and the Town Board shall determine whether said motor vehicle has been abandoned, junked or discarded in violation of this chapter. A determination by a majority of the Town Board that said motor vehicle has been abandoned, junked or discarded shall authorize the issuance of an order by said Board, in the same manner prescribed in § 244-5 above, directing the removal of said motor vehicle within 10 days from the date of the notice. If the motor vehicle is not removed within 10 days from the date of said notice, the Town Board may cause the motor vehicle to be removed and destroyed and the expense thereof assessed against the property described in the notice, all in the manner provided by law.
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse to remove an abandoned, junked, discarded or unlicensed motor vehicle as required by this chapter, or who shall fail or refuse to comply with the order of the Town Board to remove a motor vehicle after notice and hearing as herein provided or who shall violate any of the provisions of this chapter, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of North Collins in the removal and destruction of a motor vehicle as described herein shall be, upon conviction thereof, fined a sum not to exceed $250 for each violation or be imprisoned not to exceed 15 days, or both such fine and imprisonment. Each separate occurrence may constitute a separate additional violation. For the purpose of jurisdiction, a violation of this chapter is declared to be an offense.
[Amended 12-4-1991 by L.L. No. 2-1991]
Nothing herein contained shall prevent the Town of North Collins from directing the removal of a motor vehicle in accordance with the terms and provisions of this chapter in addition to imposing the penalties hereinabove provided.