[HISTORY: Adopted by the Common Council of
the City of Oneonta 3-16-1999 by Ord. No. 6-1999, which ordinance supersedes
former Ch. 278, Vehicles, Abandoned, adopted as Articles V and VIII
of Chapter 65 of the 1975 Compilation; amended in its entirety 10-21-2003 by Ord. No.
10-2003. Amendments noted where applicable.]
A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
and the safeguarding of their material rights against unwarrantable
invasion and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
City and the general welfare of its citizens. The unrestrained accumulation
of inoperable, unlicensed, uninspected or uninsured motor vehicles
not in operating condition is a hazard to such health, safety and
welfare of citizens of the City necessitating the regulation, restraint
and elimination thereof.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
- ELIGIBLE PARKING/STORAGE SPACE
- A parking space that is not one of the required number of off-street parking spaces as specified in Chapter 300, Zoning, of the code of the City of Oneonta for the property and meets all requirements for parking spaces as specified in Chapter 300, Zoning, of the Code of the City of Oneonta.
- HAZARDOUS MOTOR VEHICLE
- One which has become a hazard due to condition and location of said vehicle: broken glass, damaged body (exterior), on blocks (wheels missing) or openings allowing rodents or other vermin (skunks, woodchucks, opossums, foxes, etc.) to live therein.
- INOPERABLE, UNLICENSED, UNINSPECTED OR UNINSURED MOTOR VEHICLE
- Any motor vehicle which, because of age, condition or disuse, cannot be operated or made readily operable in a safe condition for use upon the public highways.
- OPEN STORAGE
- Storage not in a building, where visible and/or accessible, whether covered or not.
- PERSON HAVING CONTROL OF REAL PROPERTY
- Any person jointly or severally in possession of real property, whether as owner, occupant, lessee, agent or tenant.
A.
Open storage of one or more inoperable, unlicensed,
uninspected or uninsured motor vehicles, as defined in this chapter,
shall not be permitted on private property within the City for a period
of more than two weeks.
B.
Storage of a hazardous motor vehicle is not permitted
on property within the City.
C.
The provisions of Subsection A of this section shall not apply to commercial garages and new and used car dealers at their place of business.
D.
The provisions of Subsection A of this section shall not apply to a maximum of one vehicle per parcel, which vehicle is an inoperable, unlicensed, uninspected or uninsured motor vehicle as defined in § 278-2 and which vehicle also meets one of the two following sets of criteria:
(1)
First set of criteria.
(a)
Criteria:
[1]
The vehicle is defined as an inoperable, unlicensed,
uninspected or uninsured motor vehicle solely because it is unlicensed
and/or uninsured;
[2]
The vehicle is owned by a residential occupant
of the property on which it is parked;
[4]
The vehicle carries a valid inspection sticker
affixed to the windshield;
[5]
The vehicle is parked on a residential use parcel;
and
(b)
Such vehicle may only be parked for a single
period not to exceed 20 weeks.
(2)
Second set of criteria.
(a)
Criteria:
[1]
The vehicle is parked on a single-family or
two-family house lot;
[2]
The vehicle is owned by a resident owner of
the lot on which it is parked;
[3]
The vehicle is actively being repaired for the
use of the resident/owner of the property on which it is parked; proof
of activity may be required by the Code Enforcement Officer;
[4]
The vehicle is parked in a rear or side yard
at least five feet from all property lines, or within a garage;
(b)
Such vehicle may only be parked for a single period not to exceed one year, but if parked out of sight in a garage, may be parked indefinitely. A vehicle parked out of sight in a garage shall be exempt from Subsection D(2)(a)[3] above requiring ongoing repair.
A.
Open-stored inoperable, unlicensed, uninspected or
uninsured motor vehicle. The City Code Enforcement Officer shall give
written note by certified mail or personal service to the person having
control of the real property upon which one or more inoperable, unlicensed,
uninspected or uninsured motor vehicles is openly stored. Such notice
shall provide that such person, regardless of ownership of the inoperable,
unlicensed, uninspected or uninsured motor vehicle or vehicles, shall
remove the same within 12 days from the date of such notice.
B.
Open stored hazardous motor vehicle. The City Code
Enforcement Officer shall give written notice by certified mail or
personal service to the person having control of the real property
upon which one or more hazardous motor vehicle is openly stored. Such
notice shall provide that such person, regardless of ownership of
the hazardous motor vehicle or vehicles, shall remove the same within
five days of the date of notice. Should the vehicle not be removed
in the time specified, the Code Enforcement Officer may arrange for
the removal of said vehicle. The cost of said removal plus 50% shall
be charged to the owner of said premises. Said cost and fifty-percent
charge if not paid shall be assessed and collected in the same manner,
by the same proceedings, at the same time, under the same penalties,
and having the same lien upon the property so assessed as the general
City tax and as a part thereof.
The penalty for a violation of § 278-4A shall be a fine of $10. The penalty for a violation of § 278-4B may be either the removal procedure as stated in § 278-4B or a fine of $20, or both. Each day of violation shall be a separate offense. Enforcement of this section shall be accomplished by the issuance of a notice of violation served upon the owner of the motor vehicle who is present at the time of service. The notice of violation shall be served upon the owner, if the owner is not present, by affixing such notice to said vehicle in a conspicuous place. Whenever such notice is so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of said person, the words "owner of the vehicle bearing license" may be inserted, to be followed by the plate designation and plate type as shown by the registration plates of said vehicle and/or the Vehicle Identification Number (VIN), together with the expiration date, the make or model, and body type of said vehicle and a description of the charged violation.