[HISTORY: Adopted by the Board of Trustees of the Village of North Collins: Art. I, 7-5-1988 by L.L. No. 2-1988 as Ch. 74 of the 1988 Code, amended in its entirety 12-21-1993 by L.L. No. 3-1993. Subsequent amendments noted where applicable.]
Article I Abandoned, Junked or Inoperable Vehicles
[Adopted 7-5-1988 by L.L. No. 2-1988 as Ch. 74 of the 1988 Code; amended in its entirety 12-21-1993 by L.L. No. 3-1993]
A clean wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the village 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 village and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junked motor vehicles and junk on privately owned property within the Village of North Collins is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage of junked motor vehicles, junkyards and all other junk as hereinafter defined on privately owned properties within the Village of North Collins is, therefore, regulated for the preservation of the health, safety and general welfare of the community.
As used in this Article, the following terms shall have the meanings indicated:
- When used in reference to a vehicle shall include visible exterior damage to body parts caused by collision, upset, vandalism, rust or corrosion to an extent which would require body repairs of a retail value exceeding $400.
- A condition of a vehicle resulting from damage or partial dismantling or from the wearing out or breakdown of mechanical or electrical systems or parts to the degree that such vehicle is not capable of qualifying for lawful operation thereof for its originally intended purpose.
- Scraps or debris, whether it is metal, wood, paper, cardboard or plastic or any petroleum product, rubber and any other material, also which accumulation is unsightly and unhealthy, providing rodent harborage, contaminating the soil or creating a fire hazard, odor or any kind of nuisance.
- JUNKED MOTOR VEHICLE
- Any motor vehicle that is old, wrecked, discarded, abandoned or dismantled or partially dismantled which is in such deteriorated condition that it cannot be legally operated upon the public highway without substantial repairs. With respect to any motor vehicle not required to be licensed or motor vehicles not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a "junked motor vehicle."
- Any place of storage or deposit, whether in connection with other business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of reclaiming for use of 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 any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk of one or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap for sale remelting purposes only, and also any junk as defined above.
- MOTOR VEHICLE
- Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this Article, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles, snowmobiles and trailers.
- A person in control of a premises either as the owner thereof or as a contract purchaser, tenant, lessee, licensee or subtenant in such premises or part thereof.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, a person entitled to the use and possession of a vehicle, subject to a security interest in another person and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation being the owner, contract purchase, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Village of North Collins.
- PARTIALLY DISMANTLED
- A vehicle(s) lacking a body part or parts such as a fender, hood, door, window, deck lid or tires or wheels or from which headlights, taillights or other equipment has been removed or from which engine parts, transmission or parts thereof, suspension units or parts or similar systems have been extracted for use in making repairs or restorations to another similar vehicle or vehicles or systems for resale of such removed items as antique collectibles, provided that restoration of such vintage vehicle is an actual process and is actually substantially completed within 90 calendar days.
- PRIVATE PREMISES or PRIVATE PROPERTY
- All parcels of real property not owned by any unit of government situated in the Village of North Collins, whether occupied or vacant, regardless of size, topography or location.
- The Village of North Collins, New York.
No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved location shall be made, in writing, to the Board of Trustees of the village, and the application shall be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 181, Zoning. The application shall contain a description of the land to be included within the junkyard and also an environmental impact study must be completed.
A hearing on the application shall be held within the village not less than two nor more than four weeks from the date of the receipt of the application by the Board of Trustees. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the village, which publication shall be not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Board of Trustees shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this section.
At the time and place set for the hearing, the Board of Trustees shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon the same, it shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the proposed location can be reasonably prevented from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or of other causes.
At the hearing regarding the location of the junkyard, the Board of Trustees may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably prevented from having an unfavorable effect thereon. In this connection the Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
Junkyards must be in full compliance with Department of Environmental Conservation, Department of Health and Department of Environmental Planning regulations.
After the hearing, the Board of Trustees shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee, without hearing, provided that all provisions of this Article are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
The annual license fee shall be $1,000, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. In addition to the license fee, the applicant shall pay the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto, and the license shall be conditional upon payment of the same.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than 50 feet from a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of the same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this Article, in whole or in part, the fencing requirements hereunder may be reduced by the Board of Trustees, upon granting the license; provided, however, that such natural barrier conforms to the purposes of this Article.
For the purposes of this Article, the location of junkyards already established shall be considered approved by the Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this Article, however, the owner shall furnish the Board with the information as to location which is required in an application, together with the license fee, and the Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this Article, including the fencing requirements set forth in § 107-12 of this Article.
Notwithstanding any of the foregoing provisions of this Article, no junkyard hereafter established shall be licensed to operate if such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly. Also, no owner or occupant of any premises in the Village of North Collins shall park, store or keep or permit the parking, storage or keeping of such premises of any motor vehicle or other vehicle of any kind which was designed by its original manufacturer to be propelled by any force other than muscular power and which constitutes a damaged, dismantled or inoperable vehicle as above defined unless such vehicle is wholly enclosed within a building on such premises.
This section shall not apply to:
The parking, storage or keeping of such vehicles when held in connection with the operation of a business enterprise lawfully licensed for the conduct of a repair service for such vehicles at a premises appropriately located pursuant to the applicable zoning regulations of the Village of North Collins; or
The temporary parking, storage or keeping on premises occupied by the owner of a vehicle which is currently duly and lawfully registered with the Department of Motor Vehicles of New York State or a sister state or with any other department of New York State having licensing authority respecting the operation of such vehicle during a calendar period not exceeding 30 days immediately following the happening of a collision or upset causing damage to such vehicle or immediately following the occurrence of an electrical or mechanical failure by which such vehicle shall have become inoperable, provided that no such parking or storage during such thirty-day period shall be permitted at a point nearer a public street than the minimum front yard setback required for a principal building on such premises in the relevant zoning district or at a point forward of the front face of such principal building if such front face is further from such public street.
Abandoned vehicles prohibited in all districts.
[Added 1-6-1998 by L.L. No. 3-1998]
Restriction. Only properly inspected and/or properly registered motor vehicle, licensed so as to be legally used on a public highway, may be stored upon the exterior of any premises.
Exemption. One unregistered, uninsured vehicle may be stored upon the exterior of any premises for a period of 30 days, provided that said vehicle is actually in the process of being repaired, reconstructed, refurbished by the owner or owners thereof. Upon application in writing by the owner or owners, the Code Enforcement Officer may grant a written extension not to exceed 30 days. At the expiration of the original 30 days, if no extension is obtained, or at the expiration of the extension period, said unlicensed, uninsured, unregistered vehicle must be stored in a completely enclosed building on the premises.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to store, place, park or deposit or cause or permit to be stored, placed, parked or deposited an abandoned or junked or discarded and/or inoperable motor vehicle or motor vehicles upon any private property, within the corporate limits of the Village of North Collins, unless:
Such motor vehicle is stored or deposited in a completely enclosed building;
Such motor vehicle is stored or deposited on premises legally used and operated as a junkyard;
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than one month; or
Such motor vehicle is temporarily stored on the premises of a public garage, motor vehicle service station or body repair shop within a commercial, industrial, business or manufacturing district of the village while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted to be stored on any such premises at any one time.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer shall serve a written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this Article.
The notice shall be in substantially the following form:
It has been brought to the attention of this office that you have on your property located at (_), in the Village of North Collins, a vehicle (or vehicles) in violation of Village of North Collins Chapter 107, Junkyards.
Section 107-15 reads:
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, to store, place, park or deposit or cause or permit to be stored, placed, parked or deposited an abandoned or junked or discarded and/or inoperable motor vehicle or motor vehicles upon any private property, within the corporate limits of the Village of North Collins.
You have 30 days from the date of this notice to have said vehicle (or vehicles) removed from the above-named property. Failure to do so shall be punishable, upon conviction thereof, by a fine. Each calendar week during which said violation continues shall constitute a separate offense.
Code Enforcement Officer
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse to remove said abandoned or junked or discarded or unlicensed and/or inoperable motor vehicle, in violation of this Article, or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this Article or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the village in the removal and destruction thereof shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.