[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 9-2-1975 by L.L. No. 2-1975 (Ch. 133 of the 1988 Code). Amendments noted where applicable.]
The storage of junked motor vehicles and the abandonment of motor vehicles on privately owned property within the Village of Spencerport is a threat to the health, safety and general welfare of the community. Junked and abandoned vehicles are a safety hazard to members of the community and especially younger children. These vehicles oftentimes are replete with broken glass, gasoline fumes and gasoline still existing in tanks and harmful acids which can cause injury. Such vehicles are unsightly and depreciate the property on which they are located as well as the property in the community in general. They destroy the aesthetic quality of the Village as a whole and constitute the Village a less safe and pleasant place in which to live and do business. The control of the storage of junked motor vehicles outdoors on privately owned property as well as abandoned vehicles on privately owned property is, therefore, a necessity for the preservation of the health, safety and welfare of the community. The intent of this chapter is to establish procedures for the control and the removal of junked and abandoned motor vehicles found in the Village in violation of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Building Inspector of the Village, unless the Board of Trustees, by resolution, designates some other officer.
- A. Any motor vehicle that:
- (1) Is unlicensed, old, wrecked, stored, discarded, abandoned or dismantled or partly dismantled, which is not intended or in any condition for legal use upon the public highway.
- (2) Is being held or used for the purpose of resale of used parts therefrom or for purposes of reclaiming for use some or all of the materials therein for the purpose of disposing of the same.
- (3) Is in such condition as to cost more to repair and place in operating condition than its reasonable market value at that time, before such repair.
- B. With respect to any motor vehicle not required to be licensed or motor vehicle 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 removed under its own power shall be presumptive evidence that such motor vehicle is a "junked motor vehicle."
- C. The fact that a motor vehicle may be licensed or registered with the State of New York but does not display a current license plate shall be presumptive evidence that such motor vehicle is unlicensed.
- D. The use of the term in the singular herein is intended, where applicable, to include the plural.
- MOTOR VEHICLE
- Any vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven on a public highway by any power other than muscular power.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, including 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
- Any person, firm, partnership or corporation, whether business or membership or religious, charitable or otherwise, any purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property or any other unit or entity owning real property in the Village of Spencerport.
- PREMISES OR PROPERTY
- Includes all parcels of privately owned real property located within the boundaries of the Village of Spencerport, whether occupied or vacant, irrespective of size or topography.
It shall be unlawful for any person within the Village of Spencerport to store or deposit, or cause, suffer or permit to be stored or deposited, a junked vehicle or part or piece thereof on any private property within the Village of Spencerport unless:
Such motor vehicle is stored or deposited in a completely enclosed building.
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the premises. Not more then one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than 90 days.
Such motor vehicle is stored for a period in no event to exceed 30 days, on the premises of a duly authorized motor vehicle service station or a body repair shop within the Village or is the inventory or part of the inventory of a new or used motor vehicle dealer or a duly licensed junk dealer located in compliance with the laws and ordinances of the Village of Spencerport.
[Amended 5-21-1985 by L.L. No. 3-1985]
Any junked motor vehicle, as defined herein, may be removed from the premises on which it is located by the Village of Spencerport in the manner hereinafter provided:
The enforcement officer, upon detecting a junked car, shall serve written notice on the person owning the premises on which the same is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of said service. The enforcement officer may determine ownership of any parcel of land in the Village of Spencerport from the current assessment roll.
In the event that said junked motor vehicle or vehicles are not removed from the premises within the time required in the notice, the Village of Spencerport shall have the right to enter upon the premises and to remove and dispose of the junked motor vehicle or vehicles. 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 this chapter.
[Amended 2-2-1988 by L.L. No. 1-1988]
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 $50 per separate violation or the Village's costs of inspection, service of notice, removal, towing and permanently disposing of such vehicle, less any penal monetary fine which may have been imposed. Any person who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Spencerport or other duly authorized law enforcement officers in removal and disposal of motor vehicles, 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.
The provisions of § 1224 of the Vehicle and Traffic Law of the State of New York shall govern removal and disposition of abandoned motor vehicles as therein defined.