[Adopted 4-20-1987 by L.L. No. 2-1987 (Ch. 178 of the 1976 Code); amended
in its entirety 9-23-2004 by L.L.
No. 12-2004]
A.
For the purpose of promoting a clean, wholesome and attractive environment,
it is declared to be of importance to the health, safety and welfare
of the inhabitants of the Village to safeguard their material rights
against unwarranted invasion. Such an environment is deemed essential
to the maintenance and continued development of the economy of the
Village of Monticello (hereinafter referred to as the "Village").
B.
The unrestrained accumulation of inoperable motor vehicles is a hazard to such health, safety and welfare of the citizens of the Village necessitating the regulation, restraint and elimination thereof. This article is enacted in recognition of the fact that even a single inoperable, unregistered or junk vehicle, as defined in § 200-19, abandoned or stored on private or public property:
(1)
Can constitute both a public and private nuisance.
(2)
Is a source of potential hurt to children and others who find it
an attractive nuisance.
(3)
Is often replete with broken glass, sharp torn metal edges and points,
gasoline remaining in tanks of a highly combustible and explosive
nature and hurtful acids in batteries, to mention a few of the obvious
sources of physical hurt found in junk vehicles.
(4)
Constitutes a blight on the Village landscape.
(5)
Destroys the aesthetic qualities of the Village and is generally
unsightly.
(6)
Tends to depreciate not only the property on which it is located
but also the property of other persons in the neighborhood and the
Village generally.
(7)
Makes the Village a less safe and pleasant place in which to live
and to do business.
(8)
Damages the welfare of the Village as a whole.
(9)
Tends to result in the uncontrolled growth of grass and weeds.
(10)
Tends to result in the uncontrolled collection of debris.
(11)
Tends to be a breeding ground for insects, rodents and similar
harmful creatures.
This article may be known and cited as the "Inoperable, Unregistered
or Junk Vehicle Local Law."
A.
Except where specifically defined herein, all words used in this
article shall carry their customary meanings. Words used in the present
tense include the future, and the singular includes the plural when
used herein. The term "shall" is always mandatory.
B.
ANTIQUE MOTOR VEHICLE
CLASSIC MOTOR VEHICLE
COMMERCIAL GARAGE
ENFORCEMENT OFFICER
GASOLINE STATION
INOPERABLE, UNREGISTERED OR JUNK VEHICLE
(1)
(2)
(3)
(4)
JUNKYARD
OPEN STORAGE
PERSON
REPAIR SETTLEMENT
VILLAGE
WRECKER
As used in this article, the following terms shall have the meanings
indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to or will be maintained in and restored to a condition
which is substantially in conformance with the manufacturer's specifications
and as defined by New York State motor vehicle regulations.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to or will be maintained
in or restored to a condition which is substantially in conformity
with the manufacturer's specifications and appearance and as defined
by New York State motor vehicle regulations.
Any business repairing motor vehicles or any part thereof.
The person appointed by the Village Board, or his designated
deputy, to perform the duties herein conferred on the Enforcement
Officer.
A building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing motor vehicles, but not including
painting or major repairs.
Any motor vehicle, whether automobile, bus, trailer, truck
tractor, mobile home, motorcycle, motor bicycle, minibicycle or snowmobile
or any other contraption originally intended for travel on the public
highways, which is abandoned, stored, left or located by its owner
or any other person or is permitted or condoned to be abandoned, stored,
left or located by its owner or any other person on public or private
premises in the Village, except for that which is located within the
boundaries of a permitted junkyard, which vehicle:
Is not registered by the State of New York for operation on
public highways and which has not been registered during the preceding
six months;
Is not currently registered and not in a condition for legal
use on the public highways. A vehicle which is in condition to pass
the requirements for the New York State motor vehicle inspection sticker
shall be deemed to be in condition for legal use on the public highways;
Is no longer intended to be used on the public highways, the
condition of the vehicle and circumstances surrounding its storage
or abandonment being admissible for purposes of determining such intent;
or
Is being held or used for the purpose of resale of used parts
therefrom or for the purpose of reclaiming for use some or all of
the materials therein or for the purpose of disposing of the same.
Land or a building used for the collecting, storage or sale
of wastepaper, rags, scrap metal or discarded material or for the
collecting, wrecking, dismantling, storage, salvaging or sale of vehicles
or machinery parts.
Storage other than in a completely enclosed structure, such
as a garage, and such structure shall be constructed of wood, masonry
or metal.
Includes an individual, firm, partnership, association, corporation,
company or organization.
Determination of whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
Includes all areas within the Village of Monticello, both
publicly and privately owned.
Any business operating a vehicle for towing or hauling other
motor vehicles.
Open storage of one or more inoperable, unregistered or junk
vehicles shall not be permitted on private or public property within
the Village except as permitted in junkyards and by this article,
and no unlicensed motor vehicle shall be parked or stored or allowed
to be parked or stored by the owner thereof or by any person on public
or private property.
A.
The Village Enforcement Officer and other representatives of the
Village shall have the right to enter and inspect, at any reasonable
hour, any premises on which vehicles are openly stored and to inspect
such vehicles. Said right of entry shall not be limited in any way
by the existence or lack of existence of a request, authorization,
license or other consent or approval of entry, inspection or removal
and disposal.
B.
In addition to any other penalty provided under the law for noncompliance with § 200-20, the Code Enforcement Official and/or Enforcement Officer or Police Department of the Village of Monticello may issue an appearance ticket, returnable to the Village Justice at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged ordinance violation, date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Justice and shall be accompanied by an information form detailing the violation.
[Amended 6-18-2007 by L.L. No. 13-2007]
C.
If, within the time provided for removal following service of a determination
that a vehicle is an inoperable, unregistered or junk vehicle, including
any extensions of time resulting from an appeal or stay of execution,
the open storage of such vehicle within the Village is not terminated,
such vehicle shall be automatically deemed a public nuisance, and
the representatives of the Village shall have the right to enter and
remove such vehicle from any premises within the Village where such
vehicle may be found and to dispose of such vehicle. Neither the Village
nor any person acting on behalf of the Village shall be liable to
any person for the disposal of or destruction of such vehicles. In
the event that the Village shall realize any money from the disposal
of such vehicle, the money shall remain the property of the owner
and shall be returned to the owner without interest, less all costs
pertinent to the enforcement of this section.
A.
The Enforcement Officer shall give written notice by personal service on or by registered or certified mail to the owner of the inoperable, unregistered or junk vehicle or to the owner or tenant of any property on which the vehicle is openly stored. Such notice shall direct the person so served, regardless of the ownership of the vehicle and regardless of whether the person served is the owner of the vehicle or is the property owner or tenant, to terminate the open storage of such vehicle within the Village within three days as provided in Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello.
B.
The notice shall state that if the person served contends that said vehicle is not an inoperable, unregistered or junk vehicle, as herein defined, he shall notify the Enforcement Officer, in writing, of such contention within three days, consistent with the provisions of Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello.
C.
The person served shall allow a representative of the Village to inspect such vehicle with the person served or a representative of the person served within five days of such notification. Within five days after such inspection, the Village shall inform the person served of its findings, in writing, by personal service or by certified or registered mail. If the findings are that one or more of the vehicles specified in the original notice are being stored by the person served with the original notice, said person shall terminate open storage of said vehicle within the Village within three days as provided in Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello.
D.
If the person so served institutes a proceeding under Article 78
of the Civil Practice Law and Rules to set aside said determination,
such termination of storage shall not be required pending a decision
in the proceeding. If the court's decision upholds the Village determination,
open storage of the vehicle within the Village shall be terminated
within three days following service of notice of entry of court order
or, if an appeal is taken and a court stay of execution is granted,
within three days of the expiration of the stay of execution.
E.
The imposition of any penalty for any offense committed against the
provisions of this article shall not affect the power of the Board
of Trustees to require the termination of open storage of said vehicle
within such time as the Board shall fix, nor prevent, in the event
of neglect or refusal by any person to comply with any or all of the
provisions of such an order, entry by the Board of Trustees or its
designees upon the premises affected by such open storage of said
vehicle, the termination of open storage of said vehicle by the Village
or its agents and the assessment of all costs of such termination,
including legal fees costs and disbursements, against the real property
affected.
A.
Upon written application, the Village Enforcement Officer may issue
a permit for the open storage of an inoperable, unregistered or junk
vehicle, as defined by this article, pending the making of such repairs
as are necessary to place said vehicle in a condition for legal operation
for use on a public highway. The applicant must agree, in writing,
that, if said repairs have not been made by the end of the permit
period, he, the applicant, will terminate open storage of the vehicle
within the Village. This application must be accompanied by a fee
to be determined by the Board of Trustees. Permits shall be issued
for a period not to exceed six months.
B.
The application on forms furnished by the Village shall state:
(1)
The name, address and telephone number of the applicant. The applicant
shall be the owner of the vehicle.
(2)
The name, address and telephone number of the owner or tenant of
the property where the vehicle is stored. If the owner of the vehicle
is not the owner or tenant of the property where the vehicle is stored,
written permission from the owner or tenant of the property must accompany
this application to allow storage of the vehicle during the permit
period.
(3)
The make, model, year of manufacture, serial number, type (pickup
truck, four-door sedan, etc.) and color.
(4)
The most recent year of registration, state inspection and serial
number of the inspection sticker.
(5)
The expiration date of the most recent state inspection and serial
number of the inspection sticker.
(6)
A full description of the repairs to be made on the vehicle so that
it will comply with this article.
(7)
What person will make the repairs.
(8)
The place where the vehicle is presently stored.
(9)
The place where repairs will be made.
(10)
That the owner intends to bring said vehicle into compliance
within six months.
(11)
Vehicles with permits stored outdoors must be covered with a
semifitted or fitted car cover (i.e., no plastic/tarps, etc.).
(12)
Classic and vintage vehicles with permits must be moved at least
once a year. No vehicle shall be used for storage for other than parts
for that particular vehicle. Vehicles with storage permits must be
covered with the proper covering other than when they are being worked
on.
C.
If the applicant is the owner or tenant in possession of the property
where the vehicle is to be stored, as part of the application, he
shall give the Village and its designee a license to enter such premises
for the purpose of inspection and removal of the vehicle from the
premises following the expiration of the permit if, at such time,
said vehicle is an inoperable, unregistered or junk vehicle, as herein
defined.
D.
If the applicant is not the owner or tenant in possession of such
premises, the application shall include a license from the owner or
tenant in possession of said premises to permit such inspection and
removal.
E.
Such licenses shall also state that the Village shall have the right
to make such inspection and removal from any other premises owned
by the applicant or the licensor to which such vehicle may be moved
within the Village. Such license shall state that it is irrevocable
for a period of 90 days from the expiration of the permit.
F.
A separate permit shall be required for each separate vehicle to
be restored. In no event shall more than two compliance permits be
issued for a given property at any one time.
G.
No permit shall be issued after the original notice provided for in § 200-22 has been personally served or mailed by registered or certified mail, unless the applicant supplies the Enforcement Officer with an affidavit stating that he had no knowledge of this article and the requirement that a permit be acquired for the restoration of inoperable, unregistered or junk vehicles.
H.
Inspection after the permit period has expired shall be at a time
specified in a notice of inspection or not less than three days' notice,
either personally or by mail.
A.
Upon written application, the Village Enforcement Officer may issue
a permit for the restoration of an antique or classic vehicle, as
defined by this article. The permit shall be issued for a period not
to exceed 12 months and may be extended once only for an additional
period of three months upon a satisfactory showing that the vehicle
restoration will be completed with the additional three-month extension
period. The fee for the permit and the fee for an extension shall
be as determined by the Board of Trustees.
B.
The application for a restoration permit shall be on forms furnished
by the Village and shall state:
(1)
The name, address and telephone number of the applicant. The applicant
shall be the owner of the vehicle.
(2)
The name, address and telephone number of the owner or tenant of
the property where the inoperable, unregistered or junk vehicle is
stored. If the owner of the vehicle is not the owner or tenant of
the property where the vehicle is stored, written permission from
the owner or tenant of the property must accompany this application
to allow storage of the vehicle during the permit period.
(3)
The make, model, year of manufacture, serial number, type (pickup
truck, four-door sedan, etc.) and color of the vehicle.
(4)
The most recent year of registration, state registered in, plate
number and registration number of the vehicle.
(5)
The expiration date of the most recent state inspection and serial
number of the inspection sticker.
(6)
What person will make the repairs.
(7)
The place where the vehicle is presently stored.
(8)
The place where repairs will be made.
(9)
Certification that the owner intends to restore said vehicle within
12 months from the date of the application.
Inoperable, unregistered or junk vehicles may be stored in junkyards that have met the requirements of Chapter 170 of the Code of the Village of Monticello.
Inoperable or unregistered or junk vehicles may be stored in
areas designated by the Manager of the Village as "temporary holding
areas" for such vehicles by the Village or by persons under contract
or agreement with the Village for the disposal of said vehicles.
A.
Provided that such operations are permitted by all applicable zoning
laws and regulations,[1] including rights under any nonconforming uses and including
any limitations, restrictions or conditions established according
to law by the Village Board, the Board of Appeals, the Planning Board
or any court of competent jurisdiction, and are not in violation of
any applicable private restrictive covenant or agreement filed or
recorded in the Sullivan County Clerk's office:
(1)
Any wrecker may store inoperable, unregistered or junk vehicles on
one site, but not on more than one site, within the Village, provided
that said vehicles are not stored within the Village for more than
15 days.
(2)
Any commercial garage may store inoperable, unregistered or junk
vehicles on any one site, but not on more than one site, within the
Village pending and during repair of such vehicles, provided that
said vehicles are not stored within the Village for more than 60 days,
unless a permit for an extension is issued by the Enforcement Officer.
B.
Where a repair settlement is pending, in good faith, the foregoing
time periods shall not start to run until either a repair settlement
has been made or the inoperable, unregistered or junk vehicle has
been stored within the Village for four months.
C.
For good cause shown, the Enforcement Officer may extend by permit
any time period for such period of time as he determines is reasonably
necessary to permit repair of an inoperable, unregistered or junk
vehicle. The Enforcement Officer may refuse to permit such extended
storage if he determines that the applicant has not attempted to complete
repairs within the regular time period, is not in good faith or is
in violation of this article in any way. A fee, as determined by the
Board of Trustees, shall be paid for each permit, and the applicant
shall agree that the vehicle will be repaired or disposed of at the
end of such extension or any subsequent extension.
D.
Records.
(1)
Wreckers and commercial garages shall keep records showing the make,
engineer number, license plate number, if any, vehicle owner, vehicle
owner's address, purpose for storage, any prior storage within the
12 months by them or, if known, by anyone else within the Village
and the starting and ending dates of storage for each inoperable,
unregistered or junk vehicle. Such records shall be shown to the Village
officials upon request during business hours. Such records shall be
prima facie evidence of the statements therein contained, but shall
be rebuttable.
(2)
In the absence of such records or other sufficient proof that said
vehicle has not been stored in violation of this article, the operator
of such business shall terminate storage of the vehicle within the
Village within five days of receipt in person or within eight days
of mailing of a notice to terminate such storage unless:
E.
Anything in this article notwithstanding, any disabled vehicle may
be stored on the premises of any automobile repair shop for up to
seven days.
This article shall not be construed to prohibit the open storage,
not to exceed four years, of a motor vehicle which is unregistered
and is in operable condition and is owned by a member of the Armed
Forces who is serving on active duty. A special permit will be required
for such storage on a form to be prescribed by the Village Manager.
A violation of this article shall be punishable as a violation as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. A violation of this article shall also subject the violator to a civil penalty of the greater of $100 per separate violation or the Village's costs on inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any criminal monetary fine which may have been imposed. Each inoperable, unregistered or junk vehicle stored in violation of this article shall constitute a separate violation. Each week that such separate violation shall continue or be carried on shall constitute an additional separate violation. Nothing contained in this article shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this article. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this article.
The Village Manager may make reasonable rulings and may issue
reasonable regulations in furtherance of and consistent with the intent
of this article.
