Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden 5-8-1990 by L.L. No. 1-1990 (Ch. 47 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 214.
Streets and sidewalks — See Ch. 256.
Towing — See Ch. 277.
Vehicles and traffic — See Ch. 291.

§ 284-1 Purpose.

It is hereby declared and found that abandoned, junked, discarded and dismantled or currently unlicensed motor vehicles in and upon real property within the Village of Walden affect the public interest and constitute a nuisance in that health, fire and safety hazards are created, and such vehicles are subject to supervision and control for the purpose of safeguarding the public health, safety and general welfare of the people of the Village of Walden.

§ 284-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Village Manager or the individuals employed by the Village of Walden designated by the Village Manager to enforce the provisions of this chapter.
[Added 3-10-1998 by L.L. No. 1-1998]
JUNKED VEHICLE
Any motor vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition or is without a currently valid license plate or plates and is incapable of passing a New York State motor vehicle inspection.
[Amended 3-10-1998 by L.L. No. 1-1998]
MOTOR VEHICLE
Includes any device in, upon or by which a person or property is or may be transported or drawn upon a public highway, propelled by any power other than muscular power, including motorcycles, motorbikes and boats or house trailers.

§ 284-3 Storage or deposit.

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 partly dismantled or currently unlicensed motor vehicle, as hereinbefore defined, in and upon any real property within the Village of Walden.

§ 284-4 Penalties for offenses.

[Amended 3-10-1998 by L.L. No. 1-1998[1]]
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $250. For the purpose of this chapter, each day a violation continues shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 284-5 Notice to remove; failure to comply.

[Amended 3-10-1998 by L.L. No. 1-1998]
A. 
In addition to the provisions of § 284-4 above, the enforcement officer 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 enforcement officer shall mail or cause to be mailed, by certified mail, return receipt requested, such written notice to such owner, addressed to the last known address as the same may appear upon the last assessment roll.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If the person upon whom the notice is served fails, neglects or refuses to comply with the provisions of the notice within 10 days after mailing of notice as aforesaid, the enforcement officer shall advise the Village Board, and the Village Board shall hold a hearing on the removal of the junked vehicle(s) by serving not less than seven days' notice upon the owner, lessee or occupant of the premises within the Village, either by personal service or by mailing notice of the hearing by certified mail, return receipt requested, as aforesaid. Following the hearing by the Village Board, the Village Board may direct the enforcement officer to cause the junked vehicle(s) to be moved and destroyed and such nuisance to be suppressed, and the total cost thereof, plus 10% of the total, shall be certified to the Village Clerk and shall be assessed upon the premises on which the junked vehicle(s) was found and shall constitute a lien and charge upon the lots or parcels of land on which it is levied until paid or otherwise satisfied and shall be collected in the manner provided by law for the collection of delinquent taxes.

§ 284-6 Exceptions.

A. 
This chapter shall not apply to any properties occupied and used for the repair, reconditioning and remodeling of vehicles in conformance with the Code of the Village of Walden, except that any motor vehicle on any such property for a period of 30 days may be deemed an abandoned, junked, discarded, dismantled, partially dismantled or currently unlicensed motor vehicle or vehicles and subject to all provisions of this chapter.
B. 
Nothing in this chapter shall be construed to prohibit the parking of not more than one currently unlicensed vehicle upon premises occupied by the owner of such vehicle, provided that such vehicle is not in a rusted, wrecked, discarded, dismantled, partly dismantled or abandoned condition and it is capable of passing a New York State motor vehicle inspection.
[Amended 3-10-1998 by L.L. No. 1-1998]