[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw 2-15-1965 as Ch. 3 of the 1965 Code of the Village of Warsaw. Section 149-4
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The seriousness of the matter of the outdoor storage of abandoned,
junked, discarded and unlicensed motor vehicles upon privately owned
properties within the village increases with the passage of time.
It is a source of vexation and annoyance, not only to the members
of the traveling public, but to the owners and occupants of adjoining
lands. The outdoor storage of such vehicles upon residential lands
is unsightly. It constitutes an attractive nuisance to children and
a peril to their safety, in case of fire and explosion, whenever gasoline
is left in the fuel tanks of such vehicles. It depreciates the value
of neighboring properties. The preservation of peace and good order,
the supression of vice, the benefit of trade, the preservation of
public health, the protection of property and the prevention and extinguishment
of fires and explosions compel the Board of Trustees of the Village
of Warsaw to legislate upon this subject matter. It is hereby declared
that the adoption of this chapter has for its purpose the effective
termination of such obnoxious practice.
[Amended 11-3-1969]
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store or
deposit or cause or permit to be stored or deposited an abandoned,
junked, discarded or unlicensed motor vehicle or motor vehicles upon
any land or upon the right-of-way of any public street or highway
within the corporate limits of the Village of Warsaw. Except a bona
fide used car dealer or garage may store such vehicles as may be used
in the course of his business upon his own premises.
If the provisions of the foregoing section are violated, the
Village Clerk shall serve written notice, either personally or by
mail, upon the owner, occupant or person having charge of any such
land to comply with the provisions of this chapter. The notice shall
be in substantially the following form:
"To the owner, occupant or person having charge of land known
on the Assessment Map of the Village of Warsaw as Lot(s) _____, Number(s)
_____, Sheet _____, Block _____ or Number _____, Street or Avenue.
"Notice is hereby given that an abandoned, junked, discarded
and unlicensed motor vehicle has been found stored or deposited upon
the above-described property in the Village of Warsaw. This automobile
must be removed within five days from the date of this notice.
"In case you fail or refuse to comply with this notice on or
before the expiration of said five days from the date of this notice,
the Village of Warsaw, acting through its duly authorized agents,
servants, officers and employees, will enter upon your
land and remove and cause the same to be destroyed. The expense incurred
by the village will be assessed against the above-described land and
shall constitute a lien thereon and be collected as provided by law.
"Dated __________
Village Clerk"
Any owner, occupant, lessee, agent or tenant who shall neglect
and refuse to remove said abandoned, junked, discarded and unlicensed
motor vehicle, as directed by this chapter, or who shall fail or refuse
to comply with the provisions of any notice herein provided for or
shall violate any of the provisions of this chapter or who shall resist
or obstruct the duly authorized agents, servants, officers and employees
of the village on the removal and destruction thereof shall, upon
conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment.
