[HISTORY: Adopted by the Village Board of the Village of Malone 2-11-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
Nuisances — See Ch. 33A.
Property maintenance — See Ch. 37B.
Vehicle and traffic — See Ch. 59.
Editor's Note: This local law superseded former Ch. 70, Inoperable, Unregistered and Junk Vehicles, adopted 6-25-1990 by L.L. No. 5-1990.
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles upon private property within the Village of Malone is hereby declared to be detrimental to the health, safety and general welfare of the community, aesthetically unattractive and detracting from the enjoyment of the environment by said residents, tending to depreciate neighborhood property values, and is an infringement on their properties and homes. The same also constitutes a potential nuisance to the children of the community and may imperil their safety. The fuel tanks of abandoned, junked or discarded vehicles containing gasoline or gasoline fumes constitute an ever-present danger of explosion. The abandoned, junked or discarded vehicles also contain broken glass and sharp metal edges, and such vehicles usually are stored or abandoned with batteries containing harmful acids. The control of the outdoor storage of abandoned, junked or discarded vehicles is therefore regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- 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 motor 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.
- CODE ENFORCEMENT OFFICERS
- The Code Enforcement Officer(s) whose powers and duties are within or include the Village of Malone.
- COMMERCIAL GARAGE
- Any person registered by the State of New York Department of Motor Vehicles to repair motor vehicles or any part thereof.
- Any person registered by the State of New York Department of Motor Vehicles as a dealer as defined by Section 415 of the Vehicle and Traffic Law of the State of New York, as amended.
- DISCARDED VEHICLE(S)
- 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 six 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.
- JUNK VEHICLE
- 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 behind an internally powered vehicle, and, as adjudged by the standards of an ordinary reasonable man, 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, grill, roof or tailgate); physical damage (such as dents, cracks, scraps 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.
- OPEN STORAGE
- Storage other than in a completely enclosed structure constructed of wood, masonry or metal.
- OWNER OF PRIVATE PROPERTY
- The legal owner, contract purchaser, tenant, lessee, occupant, subtenant, trustee, bailee, receiver or assignee of premises of real property located within the Village of Malone.
- OWNER OF VEHICLE
- 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.
- REPAIR SETTLEMENT
- 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.
- UNLICENSED VEHICLE
- Any vehicle which may be licensed or registered for operation on public highways and which has not been licensed and/or registered during the preceding six months, with the exception of those vehicles in the possession of a dealer, or is not currently licensed and/or registered and not in a condition for legal use on the public highways. A vehicle which is 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 Malone, both publicly and privately owned.
- Any person licensed to operate a tow truck as defined by Section 148(b) of the Vehicle and Traffic Law of the state of New York, as amended.
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 Malone, except as permitted by this chapter, unless such vehicle or part or piece thereof is stored or deposited in a completely enclosed building or such vehicle or part or piece thereof is under repair, reconstruction or refurbishing pursuant to this § 70-3 by the owner thereof, who must actually be residing upon the premises where such repair, reconstruction or refurbishing is being done. Such vehicle or part or piece thereof must be maintained and protected so as not to create a safety hazard or nuisance to surrounding property owners. Written applications to permit said repair, reconstruction or refurbishing shall be made to the Code Enforcement Officer on forms provided. The Code Enforcement Officer, upon approving the application, shall issue a permit. Said permit shall be valid for 30 days from its date of issue and shall not be renewed. Only one permit shall be issued to an owner of any motor vehicle and/or the owner of any private property in any twelve-month period of time. Upon the filing of an application for a permit under the provisions of this subsection, a filing fee as set from time to time by resolution of the Board of Trustees shall be payable. The Code Enforcement Officer shall maintain a permanent record of all matters considered and all action taken by him or her under this chapter.
The Village of Malone Code 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.
After the Code Enforcement Officer has determined that an abandoned, junked or unlicensed vehicle(s) or discarded parts thereof is openly stored or deposited on a parcel of property in violation of this chapter, he shall give written notice, by personal service or by registered or certified mail, on the owner of the abandoned, junked, discarded or unregistered vehicle(s) or discarded parts thereof or on the owner of any private property on which the vehicle(s) is openly stored. Such notice shall direct the person so served, regardless of the ownership of the vehicle(s) if the property owned 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 of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 70-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Village of Malone Justice Court, or any other court of competent jurisdiction, 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 Court 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(s) 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 Malone from the current assessment roll of the Village and may service 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 Malone briefly described as follows: (Here describe the subject property.) "Notice is hereby given that an abandoned, junked, discarded or unlicensed vehicle is stored or deposited on the above described property in the Village of Malone. 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 upon you by publication, you are hereby summoned to appear before the Board of Trustees of the Village of Malone, New York at _____, on the _____ day of _____ at which time a hearing will be held to determine why the Village of Malone, 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 Board of Trustees directs that said vehicle be removed and destroyed, the expense incurred by the Village of Malone shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law. "Dated:" "Code Enforcement Officer, Village of Malone."
There shall be a presumption that a person who has received the notice prescribed by § 70-7 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle described in said notice.
A wrecker or commercial garage may store abandoned, junked or unlicensed vehicle(s) or part thereof on any one site within the Village of Malone, provided that such storage is confined by an enclosure 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 Board of Trustees, the Zoning Board of Appeals, the Village 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.
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.
In the event that any abandoned, junked or unlicensed vehicle or part 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-day 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.
A violation of this chapter shall be punishable by a fine of at least $50 and not more than $250 per violation or by imprisonment for up to 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 notice, removal, towing and permanently disposing of such vehicle, less any criminal monetary fine which may have been imposed. Each abandoned, junked, discarded or unregistered vehicle stored in violation of this chapter shall constitute a separate violation. Each day that such separate violation shall continue or be carried on shall constitute an additional, separate violation, for which the Court may impose an additional fine and continuing fine until the vehicle(s) is (are) removed or enclosed.
This chapter has been enacted to supplement and to be read in conjunction with Section 1224 of the Vehicle and Traffic Law of the State of New York, as amended.