[HISTORY: Adopted by the Council of the Schenectady 4-13-1981 as Ord. No. 81-30. Amendments noted where applicable.]
The outdoor storage of junked, abandoned, unused
or dangerous motor vehicles, or the parts therefrom, within the City
of Schenectady is a hazard to the preservation of the public health,
welfare and safety in that it constitutes a health, fire and safety
hazard and is an attractive nuisance to children, which is a peril
to their safety. Their outdoor storage constitutes a blight on the City's
landscape, and they are generally unsightly, and their existence tends
to depreciate the value of property in the neighborhood and the City
generally. The control of the outdoor storage of junked, abandoned,
unused or dangerous motor vehicles, or parts therefrom, within the
City of Schenectady is therefore regulated for the preservation of
the public health, safety and welfare of its residents.
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle, the ownership of which cannot be reasonably
determined or of which the owner does not intend to recover possession.
Those vehicles which have been so modified for use on a track
or dragstrip that they cannot be legally operated on a public way.
Any motor vehicle which has smashed and broken windows and/or
areas of sharp and torn metal edges and points and which cannot legally
be operated upon a public way.
A motor vehicle manufactured more than 25 years prior to
the current calendar year, which is owned and operated as an exhibition
piece or collectors item and is used for participation in club activities,
exhibits, tours, parades and for occasional transportation and similar
uses, but not used for general daily transportation.
Any motor vehicle which is unregistered by the State of New
York or any other state and is not operable.
A parcel of land as described on the City of Schenectady
Tax Map.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact
with the ground, but excluding a tractor.
Every vehicle which, if operated on the highways of this
state, would be required by law to be licensed by the Department of
Motor Vehicles of the State of New York.
Any motor vehicle which can be registered in the State of
New York and which can be legally operated upon a public way.
Those vehicles which are either propelled by their own power
or drawn on the public highways and which are used as temporary residences,
such as tent trailers, travel trailers, campers or mini- and motor
homes.
Any operable motor vehicle which is unregistered by the State
of New York or any other state and/or upon which is not displayed
a valid state inspection sticker.
Those vehicles having a seasonal or limited use, such as
box trailers and construction trailers, and snow removal or snowplowing
equipment.
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period greater than 30 days.
This chapter does not apply to competition vehicles,
recreational vehicles, utility vehicles, motorcycles or historic vehicles,
unless such vehicle is abandoned or dangerous.
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise
of or on any property within the City of Schenectady, to store or
deposit or cause or permit to be stored or deposited a junked, abandoned
or dangerous motor vehicle or vehicles, or parts therefrom, in the
City of Schenectady except:
(1)
Within a wholly enclosed building, or in an area enclosed
by a secured wall or fence and in conformity with other existing zoning
ordinances as they relate to fences and similar enclosures.
[Amended 8-27-1984 by Ord. No. 84-71]
(2)
That no more than 10 such motor vehicles may be stored
at one time in an open area at a gasoline filling station or outdoors
at a New York State licensed repair shop for the purpose of repair
or reconditioning, only provided that the outdoor storage of a specific
vehicle shall not exceed 30 days.
(3)
That nothing herein shall restrict the storage of
unused motor vehicles for sale by a duly licensed new or used car
dealer.
(4)
As otherwise provided by law.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise
of or on any privately owned lot within the City of Schenectady, to
store or deposit or cause or permit to be stored or deposited any
unused vehicle for more than eight contiguous months in the City of
Schenectady. This prohibition does not apply to the one allowable
vehicle so long as the one vehicle stored or deposited on the lot
is not stored or deposited in a manner which creates a hazard to the
health, safety or morals of the occupant of a building or the public,
and he shall place the vehicle out of public view whenever practicable.
[Amended 12-5-1983 by Ord. No. 83-98; 10-15-2002 by Ord. No. 2002-12]
C.
Any junked, abandoned, unused or dangerous motor vehicle
or vehicles, or parts therefrom, stored or deposited in violation
of this chapter on any land in the City of Schenectady shall be removed
by the vehicle owner, property owner, occupant, lessee, agent, tenant
or other person, firm or corporation occupying, managing or controlling
such land or vehicle.
[Amended 4-27-1992 by Ord. No. 92-15]
A.
This chapter shall be enforced by the Bureau of Property
Management.
B.
The Bureau of Property Management shall receive the
assistance of the Building Inspector, the Department of Engineering
and Public Works, the Fire and Police Departments or officers and
all other municipal officials as may be required for the total enforcement
of this chapter, to the extent and limit determined by the Mayor.
[Amended 4-27-1992 by Ord. No. 92-15]
A.
During regular business hours or in an emergency at
any hour whatsoever, the Bureau of Property Management or its representative
or any duly authorized City representative, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
premises where a motor vehicle is stored. If access to such property
is refused, the Bureau of Property Management shall apply for a search
warrant in an appropriate court, and a warrant shall be issued upon
a showing that there are reasonable grounds to believe that a junked,
abandoned or dangerous vehicle, or parts therefrom, are stored or
deposited on the property or that the owner of the property or the
owner of the vehicle is in violation of this chapter.
B.
The Bureau of Property Management or its representative
or any duly authorized City representative may enter the premises
without a search warrant in the case of an emergency which requires
immediate action to abate a direct hazard or imminent danger to the
health, safety, morals or welfare of the occupants of a building or
the public.
A.
Notice of violation. Whenever the Bureau of Property
Management determines that there has been a violation of this chapter,
he shall serve written notice upon the property owner, occupant or
person having charge of such land upon which any vehicle is illegally
stored or deposited and upon the vehicle's owner, if such party can
be determined. Such notice shall specify the alleged violation, shall
provide a reasonable time for compliance and shall advise the party
of his right to appeal.
[Amended 4-27-1992 by Ord. No. 92-15]
B.
Notice shall be served, either personally or by registered
mail, to the property owner at his last known address, as shown upon
the latest assessment roll, and to the vehicle's owner at his last
known address, as shown upon the latest records of the New York State
Department of Motor Vehicles. If, after due diligence, an address
for either party cannot be determined or if either party cannot be
served in the above stated manner, then the Director shall cause a
copy of such notice to be posted on the property or on the motor vehicle,
or both.
C.
Right of appeal. Any person affected by a notice of
violation issued in connection with the enforcement of any provision
of this chapter or any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing before the Bureau of Property
Management if such person shall file with said bureau a written request
for a hearing, setting forth the following: a brief statement of the
grounds for the appeal, the name and address of a party upon whom
orders may be served and the reasons why such notice of violation
should be modified or withdrawn. This request must be filed within
10 days after the service of the notice of violation, and compliance
with such notice shall not be required while the hearing is pending.
[Amended 4-27-1992 by Ord. No. 92-15]
D.
Failure to abate violations. In case the property
owner, agent, operator, vehicle owner or occupant cannot be found
within the time limit set for the abatement of said violations or
if such owner, agent, operator, vehicle owner or occupant shall fail,
neglect or refuse to abate such violations, the Corporation Counsel
shall be advised of all facts in the case and shall institute appropriate
action in the court to compel compliance.
[Amended 4-27-1992 by Ord. No. 92-4]
A.
Each violation of this chapter shall be a misdemeanor
and shall be punishable by a fine not exceeding $150 or by imprisonment
not exceeding 30 days, or by both such fine and imprisonment; or by
a penalty of not less than $5 nor more than $500 to be recovered by
the City in a civil action.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues unabated after
the time limit set for the abatement of the violation.
C.
Any person issued a notice of violation pursuant to
any provision of this chapter, where the same has not been withdrawn
by administrative appeal or dismissed by a court of competent jurisdiction,
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien and, if unpaid, such administrative
fee shall be added to the tax rolls as an assessment or levied as
a special tax against said property or recovered in a civil suit against
the person to which the notice of violation was issued.
[Added 7-1-1996 by Ord. No. 96-37]
[Amended 4-27-1992 by Ord. No. 92-15]
In cases in which the Bureau of Property Management
determines that immediate action to abate a direct hazard or imminent
danger to the health, safety, morals or welfare of the occupants of
a building or the public is required, he shall promptly cause the
removal of the motor vehicle, vehicles or parts presenting such hazard
or danger as a public nuisance, and the expense incurred by the City
shall be assessed against the property upon which such vehicle was
found, which assessment shall constitute a lien and charge on such
property and be collected as provided by law for the collection of
delinquent taxes.
[Added 2-2-1988 by Ord. No. 88-06; amended 4-27-1992 by Ord. No. 92-15]
The Bureau of Property Management of his or
her representative or any duly authorized City representative is hereby
authorized to remove any junked, abandoned, unused or dangerous motor
vehicle or the parts thereof at the request of the property owner
on whose property said vehicle or parts are stored. The cost of such
removal shall be borne by the property owner making such request and
shall be payable to the Bureau of Property Management. In the event
of nonpayment, the cost may be assessed against the property upon
which such vehicle was found, which assessment shall constitute a
lien and charge on such property and be collected as provided by law
for the collection of delinquent taxes.
