[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 3-13-2003 by L.L. No. 1-2003. Amendments noted where
applicable.]
The outdoor storage of an abandoned, junked, discarded, or unlicensed
vehicle or vehicles or parts or pieces thereof on privately owned
property within the Village of Mount Morris is detrimental to the
health, safety and general welfare of the community; it constitutes
an attractive nuisance to children and in many ways imperils their
safety. Such storage also endangers the person and property of all
members of the community, since fuel tanks still containing gasoline
or gasoline fumes may easily explode; the junks are replete with broken
glass, sharp, torn metal edges and points and generally are stored
or abandoned with batteries containing harmful acids. These are but
a few of the obvious sources of danger found on such vehicles. Such
storage, moreover, is unsightly; depreciates not only the property
on which it is located, but also the property of others in the neighborhood
and the Village generally and certainly constitutes a blight on the
Village's landscape. The control of the outdoor storage of an
abandoned, junked, discarded, or unlicensed vehicle or vehicles or
parts or pieces thereof on privately owned property within the Village
of Mount Morris, therefore, regulated for the preservation of the
health, safety and general welfare of the community. The intent of
this chapter is to establish a legal procedure for the removal of
these abandoned, junked, discarded, or unlicensed vehicle or vehicles
or parts or pieces thereof where they are found in the Village in
violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The intent of the owner shall be determined by the physical
condition of the vehicle; statements of the owner as to its abandonment;
the length of time since the vehicle has last been used on the highway;
whether the vehicle is currently licensed, registered or inspected;
and other relevant facts, with respect to a vehicle not required to
be licensed or a vehicle not usually used on public highways, the
intent of the owner shall be determined by the physical condition
of the vehicle, the length of time since it was last used for the
purpose intended, any statement as to its abandonment by the owner
and other relevant facts.
A vehicle, but not a reproduction thereof, manufactured more
than 25 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 a condition which is substantially
in conformity with the manufacturer's specifications and appearance.
A 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 or will be maintained in or restored
to a condition which is substantially in conformity with the manufacturer's
specifications and appearance.
Any vehicle(s) which the owner thereof, as established by
the surrounding circumstances, relinquishes ownership and possession
of and any vehicle(s) the owner of which cannot be found after due
and reasonable inquiry.
A completely enclosed privacy-type structure or fence constructed of wood, metal or masonry, which shall be at least six feet in height and not more than eight feet in height and of such construction and type that an ordinary person of ordinary height and eyesight cannot see into the enclosure. Such enclosure shall be adequately maintained so as not to create an eyesore to the community. (Refer to Chapter 93, Fences).
The Code Enforcement Officer(s), the Zoning Officer, or any
peace officer or police officer whose powers and duties are within
or include the Village of Mount Morris.
Any vehicle which, for any reason, is incapable, without
repair, of being moved or propelled by application of internal power,
if it is a vehicle originally designed to be propelled by internal
power, or is incapable, without repair, of being drawn or towed, if
it is a vehicle originally designed to be towed or drawn from behind
an internally powered vehicle, and, as adjudged by the standards of
an ordinary reasonable person, is unsightly in appearance because
of the existence of one or more conditions, such as but not limited
to the following: deterioration by rust of the body; deterioration
of the exterior finish of the vehicle; broken windows; absence of
component parts of the vehicle (such as fenders, panels, doors, bumpers,
headlights, hood, trunk door, tires, wheels, grille, roof or tailgate);
physical damage (such as dents, cracks, scrapes or holes) to component
parts of the vehicle; and absence of interior components (such as
seats, dashboard or interior door moldings), or is incapable of being
moved or propelled, drawn or towed without repair as provided for
hereinabove and has remained situate on any real property for a period
in excess of 30 days.
Any place of storage or deposit where two or more unlicensed,
old or secondhand vehicles no longer intended or in condition for
legal use on the public highways are held, whether for the purpose
of resale of used parts therefrom; for the purpose of reclaiming for
use some or all of the materials therein, whether metal, glass, fabric
or otherwise, for the purpose of disposing of the same; or for any
other purpose. Such term shall include any place of storage or deposit
for such purposes of used parts or waste materials from vehicles which,
taken together, equal in bulk two or more such vehicles.
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
The legal owner, contract purchaser, tenant, lessee, occupant,
subtenant, trustee, bailee, receiver or assignee of premises or real
property located within the Village of Mount Morris.
The person having the property and/or title to a vehicle,
including a person entitled to the use and possession of a vehicle
subject to a security interest of another person, and also including
any lessee or bailee of a vehicle having the use thereof under lease
or otherwise.
An individual, firm, partnership, association, corporation,
company or organization.
Determination by 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.
Any vehicle which may be licensed or registered for operation
on public highways and which has not been registered during the preceding
six months or is not currently registered and not in a condition for
legal use on the public highways. A vehicle which is in a condition
to receive a current New York State motor vehicle inspection sticker
shall be deemed to be in a condition for legal use on the public highways.
Any means of transport or conveyance operated, driven, drawn
or capable and intended to be operated, drawn or driven upon a public
highway by a power other than muscular power. A vehicle shall include
but not be limited to automobiles, motorcycles, motorbikes, buses,
all types of trailers, including trailers used for storage, trucks,
tractors, mobile homes, other than those legally in use in an authorized
mobile home park, recreational vehicles, snowmobiles, all-terrain
vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
All areas within the Village of Mount Morris, both publicly
and privately owned.
It shall be unlawful for any person, firm or corporation, either
as a private property owner, vehicle owner, occupant, lessee, agent,
tenant or otherwise, to openly store or deposit or cause or permit
to be openly stored or deposited an abandoned, junked, discarded,
or unlicensed vehicle or vehicles or parts or pieces thereof on any
private property within the Village of Mount Morris, except as permitted
in junkyards or by this chapter.
A.
Notwithstanding the foregoing section, with a permit issued by the
Enforcement Officer of the Village of Mount Morris, a vehicle which
is not both licensed and inspected as provided in the foregoing section
may, for a period of not more than 60 consecutive days, be displayed
in public view for sale, provided that the vehicle is stored on an
adequately maintained paved or stone surface. The owner of such vehicle
must be an owner/occupant of the lot on which such vehicle is so offered
for sale. The permit provided for herein must be displayed in the
vehicle. The permit will not be renewable, and the effective dates
of any permit shall be such that at no time is more than one vehicle
offered for sale on any lot in accordance with this section and no
more than two vehicle(s) shall be so offered for sale on any lot during
any twelve-calendar-month period. The fee for such permit shall be
as established by the Mayor and the Village Board by resolution from
time to time.
B.
Any person may maintain a vehicle altered for drag or stock-car racing
as long as said vehicle is maintained on registered trailers, provided
that the vehicle is stored behind the required front yard on an adequately
maintained paved or stone surface in the side or rear yard and is
at least 10 feet from the property line. Any work done on said vehicles
shall not interfere with the setting of the neighborhood.
C.
Owners of antique or classic vehicles are exempt from the provisions
of this chapter for a period no longer than six consecutive months,
provided that the vehicle is stored on an adequately maintained paved
or stone surface.
The Village of Mount Morris Enforcement Officer shall have the
right to enter and inspect, at any reasonable hour, any premises on
which vehicle(s) are openly stored and to inspect such vehicle(s)
to determine if the same are a hazard to the health and welfare of
the community. This right of entry shall not be limited in any way
by the existence or lack of existence of a request, authorization
or other consent or approval of entry for inspection.
The Enforcement Officer, upon detecting a violation of this chapter, shall serve written notice, either personally or by mail, upon the owner, occupant or person having charge of such private property, ordering the removal therefrom of the abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof within 10 days from the date said notice is given. The Enforcement Officer may determine ownership of any parcel of land in the Village of Mount Morris from the current assessment roll of the Village and may serve written notice upon the owner thereof by mailing such notice to said owner at the address listed on the current assessment roll. Such notice shall direct the person so served, regardless of the ownership of the vehicle(s) if the property owner or tenant is served, to terminate the open storage of such vehicle(s) within the Village within 10 days of receipt of said notice. In the event that the abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof are not removed from the premises within the time required in the notice, the Village of Mount Morris shall have the right to enter upon the premises and to remove and dispose of the abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof. The expense of such removal and disposal shall be a lawful charge against the owner and occupant of the premises and may be collected, if necessary, in a civil action instituted in the name of the Village or in accordance with the provisions of § 220-14, Penalties for offenses, of this chapter.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 220-6, Removal notice procedure, the Code Enforcement Officer may issue an appearance ticket, returnable to the Village of Mount Morris Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Village Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections are believed to
be violated, the Code Enforcement Officer may serve a written notice,
either 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 Code Enforcement Officer
may determine ownership of any parcel of land in the Village of Mount
Morris from the current assessment roll of the Village and may serve
written notice upon the owner thereof by mailing such notice to the
owner at the address listed on the current assessment roll. If the
Code Enforcement Officer 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 Village for
two consecutive weeks. The notice shall be in substantially the following
form:
|
"To the owner, occupant or person having charge of land within
the Village of Mount Morris briefly described as follows: (here describe
the subject property.) Notice is hereby given that an abandoned, junked,
discarded, or unlicensed vehicle or vehicles or parts or pieces thereof
is stored or deposited on the above-described property in the Village
of Mount Morris. 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 vehicle shall be removed
within 24 days from the first publication date of this notice. If
such 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 that it is served on
you by publication, you are hereby summoned to appear before the Village
Board of the Village of Mount Morris, New York, at _____ m., on the
_____ day of _____, 20 _____, at which time a hearing will be held
to determine why the Village of Mount Morris, New York, acting through
its duly authorized agents, servants, officers and employees, should
not enter upon said property and remove and cause said vehicle to
be destroyed. In the event that the Village Board directs that said
vehicle be removed and destroyed the expense incurred by the Village
of Mount Morris shall be assessed against said property and shall
constitute a lien thereon and be collected in the manner provided
by law.
|
|---|
|
Dated: __________
|
|
Village of Mount Morris Code Enforcement
|
|
"
|
The Code Enforcement Officer may enforce this chapter by either issuing an appearance ticket returnable in the Village of Mount Morris Justice Court, pursuant to § 220-7, Appearance tickets, or by removing said vehicle pursuant to the provisions of § 220-8, Alternative notice, or by invoking both enforcement provisions.
An antique or classic vehicle that is in the process of being
restored may be kept out of doors upon the premises of the owner of
said vehicle for a period of 12 months to allow the restoration to
be completed, provided that the vehicle is stored behind the required
front yard on an adequately maintained paved or stone surface in the
side or rear yard and is at least 10 feet from the property line,
and provided further that such vehicle or any component part thereof
is covered with a custom cover made for vehicles or is otherwise hidden
from public view with proper screening. The custom car cover must
cover the entire vehicle and be securely fastened to the vehicle.
The custom car cover shall be made of material that will resist wind,
rain and other weather-related circumstances. The use of bricks, stones,
blocks or other material as a fastener shall not be permitted.
There shall be a presumption that a person who has received the notice prescribed by § 220-8, Alternative notice, has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof in said notice.
A.
A wrecker or commercial garage may store an abandoned, junked, discarded,
or unlicensed vehicle or vehicles or parts or pieces thereof on any
one site within the Village of Mount Morris, provided that such storage
is confined in an enclosed enclosure area, and such vehicle(s) may
not be stored for more than 30 days, and provided further that the
business operation of the wrecker or commercial garage is permitted
by all applicable zoning laws or regulations, 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 provided that the vehicle(s) is not stored at any time on a public
highway right-of-way.
B.
Where a repair settlement is pending in good faith, the foregoing
time periods shall not start to run until a repair settlement has
been made, but in no event to exceed 60 days from the date said vehicle(s)
is (are) first stored upon the premises.
C.
In the event that any abandoned, junked, discarded, or unlicensed vehicle or vehicles or parts or pieces thereof is stored at any wrecker or commercial garage and such wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, County or local government agency or body, the thirty-period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
Any vehicle being actively used in farming operations shall
be exempted from the provisions of this chapter, provided that:
A.
The vehicle is being used on private property and is being held for
continuing operation on private property and is not being held primarily
for nonoperating purposes.
B.
The vehicle, if not in a condition for legal operation on public
highways, is in a condition so that it can be operated and so that
such operation on private property will not be unduly dangerous to
the operator, passengers or others.
C.
The vehicle is in such condition that there is no sharp metal, broken
glass or other condition which would endanger children who might be
attracted to play around the vehicle.
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 to exceed $250 or by imprisonment not to
exceed 15 days, 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 Village's costs 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 Village of Mount Morris in
the removal and disposal of a vehicle as provided in this chapter
shall be in violation of this chapter and 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.
