[HISTORY: Adopted by the Town Board of the Town of Milo 4-18-2005 by L.L. No. 1-2005 (Ch. 130 of the 1997 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Outdoor Storage of Motor Vehicles Law of the Town of Milo."
The outdoor storage of unlicensed/unregistered and junked motor vehicles on privately owned property or within a public right-of-way within the Town of Milo is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in may ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks still containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage of unlicensed/unregistered and junked motor vehicles on privately owned properties (and within a public right-of-way within the Town of Milo) is, therefore, regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- JUNKED VEHICLE
- Any motor vehicle that is wrecked, discarded, abandoned, dismantled or partially dismantled, which is no longer intended to be used or is in such a condition that said motor vehicle cannot be legally used, upon a public highway, without substantial repair.
- Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials or two or more disabled motor vehicles or other type of junk.
- MOTOR VEHICLE
- 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, and recreation vehicles.
- OWNER OF A MOTOR VEHICLE
- A person, firm or corporation having an interest 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.
- OWNER OF PRIVATE PROPERTY
- 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 Milo.
- PRIVATE PREMISES OR PRIVATE PROPERTY
- Includes all parcels of real property not owned by any unit of government situated in the Town of Milo, whether occupied or vacant, regardless of size, topography or location.
- PUBLIC RIGHT-OF-WAY
- A strip of land owned by the state, county or Town which is occupied or intended to be occupied by a road, sidewalk and/or utility lines, such as electric, gas, oil, water, sanitary sewer or storm sewer.
- UNLICENSED/UNREGISTERED MOTOR VEHICLE
- Any motor vehicle that is without a current registration of the State of New York or any other state and properly issued and attached license plates of the State of New York or any other state.
It shall be unlawful for any person, firm or corporation to store or deposit, or cause or permit to be stored or deposited, more than two junked motor vehicles or parts or pieces thereof on any private property or public right-of-way within the Town of Milo unless one or more of the following is found:
It shall be unlawful for any person, firm or corporation to store or deposit, or cause or permit to be stored or deposited, more than two unlicensed/unregistered motor vehicles or parts or pieces thereof on any private property or public right-of-way within the Town of Milo unless one or more of the following is found:
Such unlicensed/unregistered motor vehicles are stored or deposited in a completely enclosed building.
Such unlicensed/unregistered motor vehicles are under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the private premises. Not more than two such unlicensed/unregistered motor vehicles shall be permitted at any one time on any private premises. Such unlicensed/unregistered motor vehicles must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners, residents or occupiers and shall not remain on the private premises for more than seven cumulative or consecutive days within a one-year period.
The Town of Milo Code Enforcement Officer shall have the right to enter and inspect, at any reasonable hour, any premises on which such vehicles are openly stored and to inspect such vehicles to determine if the same are a hazard to the health and welfare of the community. This right of entry shall not be limited in any way by the existence or lack of existence of a request, authorization or other consent or approval of entry for inspection.
The Town of Milo Code Enforcement Officer and/or his or her designee are hereby authorized to enforce the provisions of this chapter.
If the provisions of this chapter are believed to be violated, the enforcement officer shall serve a written notice, either personally or by registered or certified mail, return receipt requested, upon the owner, occupant or person having charge of the private property on which the unlicensed/unregistered or junked motor vehicles are located, ordering such person to remove said unlicensed/unregistered or junked motor vehicles within seven days of the date of such service. Such notice shall also contain a description of the premises, a statement as to the location thereon of the unlicensed/unregistered or junked motor vehicles, and reference to this chapter and to the fact that the location of such unlicensed/unregistered or junked motor vehicles on such premises is in violation of this chapter. The enforcement officer may determine ownership of any parcel of land in the Town of Milo from the current assessment roll of the Town and may serve written notice upon the owner thereof by mailing such notice, as provided above, to said owner at the address listed on the current assessment roll.
In the event that said unlicensed/unregistered or junked motor vehicles are not removed from the premises within seven days as provided in Subsection A above, the enforcement officer or his or her duly authorized representative shall have the right to enter upon the premises and to remove such unlicensed/unregistered or junked motor vehicles to the place as the Town Board may from time to time designate. In conjunction therewith, the enforcement officer or his or her duly authorized representative may, pursuant to Article 150 of the Criminal Procedure Law, as amended or changed, and Municipal Home Rule Law § 10, Subdivision 4(a), as amended or changed, issue an appearance ticket to the owner, occupant or person having charge of the private property on which the unlicensed/unregistered or junked motor vehicles are located, directing such person to appear in the Town of Milo Justice Court in connection with such person's alleged violation of the provisions of this chapter and to determine the destruction, disposal or otherwise of the unlicensed/unregistered or junked motor vehicles.
The expense of notices, removal, destruction or disposal of an unlicensed/unregistered or junked motor vehicle by the Town shall 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. In addition, the expenses of such notice shall be collected in a civil action instituted in the name of the Town or in accordance with the provisions of § 323-7 of this chapter.
Any person or corporation who shall violate any of the provisions of this chapter or orders given pursuant thereto or who shall resist or obstruct the Code Enforcement Officer in carrying out the provisions of this chapter shall be subject to a conviction of a "violation" as defined in the Penal Law of the State of New York and shall be subject to a fine of not more than $250 for each offense, and each week after the giving of such notice shall constitute a separate offense.
The Town of Milo may also 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, notwithstanding that this chapter provides a penalty or other punishment for such violation.
A violation of this chapter shall also subject the violator to a civil penalty of the greater of $50 per separate violation or the Town's costs of inspection, service of notices, removal, towing and permanently disposing of such unlicensed/unregistered or junked motor vehicles, less any penal monetary fine which may have been imposed. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Milo in the removal and disposal of an unlicensed/unregistered or junked motor vehicle, as provided in this chapter, shall be in violation of this chapter and subject to the fines and penalties provided herein. Each day's continued violation shall constitute a separate and additional offense. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or any provision or parts thereof shall be subject to a conviction of a "violation" as defined in the Penal Law of the State of New York, and, for such purpose only, all provisions of law relating to a "violation" as defined in the Penal Law of the State of New York shall apply to such violations.
This chapter shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.