[HISTORY: Adopted by the Town Board of the
Town of Webster 8-10-1978 as L.L. No. 3-1978 (Ch. 213 of the 1991
Code). Amendments noted where applicable.]
The outdoor storage of junked or abandoned motor
vehicles on privately owned property within the Town of Webster 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 or abandoned motor vehicles on privately owned properties
within the Town of Webster 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:
Any automotive vehicle or a trailer, except recreational vehicles and house trailers as governed by Chapter 205 of the Town Code, which is without a currently valid license plate or plates, that is left to remain outside a completely enclosed building in the same lot or part of a lot for more than four days without the permission of the owner of the premises.
The dismantling or disassembling of new or used automotive
vehicles or trailers, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or parts.
Any motor vehicle whether automobile, bus, truck, trailer,
tractor or any other vehicle intended for highway use that is unlicensed,
old, wrecked, discarded, abandoned or dismantled or partially dismantled,
which is no longer intended or in condition for legal use upon the
public highway. With respect to any motor vehicle not required to
be licensed or a motor vehicle not usually used on public highways,
the fact that such motor vehicle has remained unused for more than
three 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." The fact that a motor vehicle which may be licensed
or registered with the State of New York does not display a current
plate shall be presumptive evidence of the fact that such motor vehicle
is unlicensed.
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 not be
limited to, automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation 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.
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 Webster.
Includes all parcels of real property not owned by any unit
of government situated in the Town of Webster, 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 Webster to engage in or to assist or
participate in automobile wrecking or 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 Webster,
unless:
A.
Such motor vehicle
is stored or deposited on a premises legally used, operated and located
for a junkyard.
B.
Such motor vehicle
is stored or deposited in a completely enclosed building.
C.
Such motor vehicle
is under repair, reconstruction or refurbishing by the owners thereof
who must actually be residing upon 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 to not create
any safety hazard or nuisance to surrounding property owners and shall
not remain on the premises more than three months.
D.
Such motor vehicle
is temporarily stored on the premises of a duly authorized motor vehicle
service station or body-repair shop within a commercial or industrial
district of the town while awaiting repair or servicing at such place
of business. Not more than five such vehicles shall be permitted on
any such premises at any one time.
E.
Such motor vehicle
is temporarily stored on the premises of an actively cultivated farm
and used in connection with farm work. Such motor vehicle must be
so maintained and protected as to not create any safety hazard or
nuisance to surrounding property owners and shall not remain inactive
more than nine months.
It shall be unlawful for any person, firm or
corporation to maintain or to permit to be maintained any abandoned
vehicle or vehicles in the Town of Webster. Owners or occupants of
property on which there is an abandoned vehicle will be given notice
by registered or certified mail by the Building Inspector of the Town
of Webster to remove the abandoned vehicle or vehicles from their
property within 10 days from the day the notice is sent to such owner
or occupant, and if said abandoned vehicle or vehicles are not removed
from the premises by the time required in the notice, the Town of
Webster shall have the right to enter upon the premises and to remove
and dispose of the abandoned vehicle or vehicles. The expense of such
removal and disposition shall be a lawful charge against the owner
or occupant of the premises.
For the purposes of this chapter, the location
of junkyards and yards used for the storage of abandoned vehicles
or for automobile wrecking already established shall be permitted
to continue in existence, provided that the owner of the premises
so used shall, within 60 days following the effective date of this
chapter, obtain from the Town Board of the Town of Webster a license
in accordance with the terms and provisions of § 136 of
the General Municipal Law.
If the provisions of the foregoing sections
are believed to be violated, the Building Inspector of the Town of
Webster shall serve a written notice, personally or by registered
or certified mail, upon the owner, occupant or person having charge
of such private property, to comply with the requirements of this
chapter. The Building Inspector may determine ownership of any parcel
of land in the Town of Webster 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 of the address listed on
the current assessment roll. If the Building Inspector is unable to
determine the ownership or address of the owner of said private property,
such notification may be made by publishing the same in the official
newspaper of the town 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 Webster briefly described as follows:
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(Here describe subject property)
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Notice is hereby given that a junked or abandoned
motor vehicle is stored or deposited on the above-described property
in violation of the Junked and Abandoned Motor Vehicle Law of the
Town of Webster. 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, 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 said 24 days from the date of this notice, in the event it is served
on you by publication, the Town of Webster shall have the right to
enter upon the premises and to remove and dispose of the junked or
abandoned vehicle or vehicles. The expense incurred by the Town of
Webster 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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Building Division
Town of Webster
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A violation of this chapter or any provision
or part thereof by any person, firm or corporation is hereby declared
to be an offense, punishable by a fine not exceeding $250 or by imprisonment
not to exceed six months, or both. A violation of this chapter shall
also subject the violator to a civil penalty of the greater of $100
per separate violation, or the town's cost of inspection, service
of notices, removal, towing and permanently disposing of such 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 Webster in
the removal and destruction of a motor vehicle by order of the Building
Inspector shall be 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 provisions
or parts thereof shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violation.
Notwithstanding any other provision of this chapter, the Town of Webster may serve such notices, hold such hearings and do such other and further things as are set forth in § 324-6 hereof, and may at the same time, or at any other time, without prior notice, proceed with § 324-7 hereof, concerning the imposition of penalties.
