[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:
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.
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.
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.
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.
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.
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.
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.
A.
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:
B.
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:
(1)
Such unlicensed/unregistered motor vehicles are stored or deposited
in a completely enclosed building.
(2)
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.
A.
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.
B.
The Town of Milo Code Enforcement Officer and/or his or her designee
are hereby authorized to enforce the provisions of this chapter.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
