[HISTORY: Adopted by the Board of Trustees
of the Village of Fort Plain 6-24-1971 as Secs. 9-38 through 9-41 of Ch. 9 of the 1971 Code of
Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 182.
It is hereby declared and found that an abandoned,
junked, discarded, dismantled or unlicensed motor vehicle or cycle,
chassis or portion of any motor vehicle in and upon real property
within the village is a matter affecting the public interest, that
it constitutes a nuisance in that health, fire and safety hazards
are created and that consequently this matter is subject to supervision
and control for the purpose of safeguarding the public health, safety
and general welfare of the people of the village.
It shall be unlawful for any person, firm or
corporation, either as owner, lessee, occupant or otherwise, to store
or deposit or cause or permit to be stored or deposited an abandoned,
junked, discarded, dismantled or unlicensed motor vehicle or cycle,
chassis or portion of any motor vehicle in and upon any vacant lot
or land or vacant place upon the surface of any lot or land, enclosed
or otherwise, within the village. Nothing in this chapter shall be
construed to prohibit the parking of an unlicensed motor vehicle or
cycle in a private garage or in a side yard not abutting a street
upon a lot occupied by the owner of such vehicle or in a duly established
junkyard or used car lot.
[Amended 4-30-1996 by L.L. No. 1-1996; 9-19-2023 by L.L. No. 2-2023]
In addition to the remedies provided in § 178-4, any person violating any of the provisions of this chapter shall be subject to a penalty of not more than $250 or 15 days imprisonment, or both. In addition hereof:
A.
Any court
of competent jurisdiction, upon application of the Village of Fort
Plain, may order, any and all vehicles found in violation hereof,
the owner of said vehicle the following additional penalty: An order
for said vehicle to be removed within five days from said property;
failure to comply will result in the Village of Fort Plain removing
the vehicle and storing same for 30 days; and the failure to redeem
the vehicle within the aforesaid 30 days shall be then deemed abandoned
by its owner and disposed of as deemed fit by said Village of Fort
Plain. The cost for storage shall be $25 per day and the owner of
the vehicle shall be responsible for the reasonable cost of removal
of the vehicle. All fees for storage and removal of the vehicle must
be paid in full at the time of redemption of same.
If the provisions of § 178-2 are not complied with, the Clerk of the village shall serve or cause to be served a written notice upon the owner, lessee or occupant of any premises to comply with the provisions of this chapter. If the owner of such lot or land is absent from the village or is a nonresident of the village, the Clerk shall mail or cause to be mailed such written notice to such owner, addressed to the last known address as the same may appear upon the last village assessment roll. If the person upon whom the notice is served fails, neglects or refuses to comply with the provisions of said notice within five days after such service or mailing of such notice, the Department of Public Works of the village shall cause such abandoned, junked, discarded, dismantled or unlicensed motor vehicle or cycle, chassis or portion of any motor vehicle to be removed and destroyed and such nuisance to be suppressed, and the total cost thereof shall be certified to the Clerk of the village and shall be assessed upon the premises on which such abandoned, junked, discarded, dismantled or unlicensed motor vehicle or cycle, chassis or portion of any motor vehicle is found and shall constitute a lien and charge on the lots or parcel of land on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the manner provided by law for the collection of delinquent taxes.
