[HISTORY: Adopted by the Town Board of the Town of Kinderhook 12-12-1988 by L.L. No.
6-1988 (Ch. 75 of the 1978 Code). Amendments noted
where applicable.]
The Town Board of the Town of Kinderhook hereby finds that the
storage or presence of abandoned, junked or inoperative motor vehicles
on private property creates a public and private nuisance and is harmful
to the public health, safety and welfare. Such vehicles present a
source of serious injury, particularly to children, seriously harm
the aesthetic qualities of the Town and tend to depreciate the value
of properties in the neighborhood and in the Town. The Town Board
finds that the problems can be diminished by permitting the storage
of such vehicles only within a garage or other enclosed structure.
As used in this chapter, the following terms shall have the
meanings as indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law
of the State of New York, that is:
Unlicensed, old, wrecked, stored, discarded, dismantled or partly
dismantled and which is not intended or in any condition for legal
use upon the public highway;
Being held or used for the purpose of resale of used parts therefrom
or for the purpose of reclaiming for use some or all of the materials
therein for the purpose of disposing of the same;
In such condition as to cost more to repair and place in operating
condition than its reasonable market value prior to such repair; or
Left unattended for more than 96 hours on property of another
if left without permission of the property owner.
With respect to any motor vehicle not required to be licensed
or 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 an "abandoned, junked or inoperative motor vehicle."
The fact that a motor vehicle does not display a current motor
vehicle registration or license plate shall be presumptive evidence
that such motor vehicle is not in any condition for legal use upon
the highways.
The use of the term in the singular herein is intended, where
applicable, to include the plural.
The Town of Kinderhook Building Official.
Any person, firm, partnership or corporation, whether business
membership, religious, charitable or otherwise, or any association
or any other unit or entity owning real property in the Town of Kinderhook.
[Amended 10-4-2004 by L.L. No. 11-2004]
It shall be unlawful for any person within the Town to store
or deposit or cause, suffer or permit to be stored or deposited any
abandoned, junked or inoperative motor vehicle or part or piece thereof
on any private property within the Town, except within a garage or
other enclosed structure or, in the case of a motor vehicle, except
that it be covered with a fitted car cover specifically designed and
manufactured to cover the model car upon which it is used.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official within the Town in violation of § 232-3 may be removed from the premises on which it is located in the following manner:
A.
Notice.
(1)
The enforcement official shall serve written notice either by personal
service on the property owner, tenant or agent or by certified mailing
to the owner of the private property on which the vehicle is located
and posting a copy of such notice in a conspicuous place on the subject
property ordering such property owner to remove the vehicle or cause
the vehicle to be removed therefrom within 10 days after the date
of a hearing before the Town Board. Such notice shall be mailed at
least five days prior to the hearing and shall state the date of the
hearing.
(2)
Such notice shall also state that:
(a)
Failure to remove the vehicle within the specified period shall
cause legal title to the vehicle to vest in the Town and shall grant
to the Town the legal right to enter upon the premises to remove and
dispose of said vehicle.
(b)
The expense of such removal and disposal shall be charged against
the property.
(3)
The enforcement official may determine the ownership and the address
of the owner of any parcel of land in the Town from the current assessment
roll.
(4)
Following the aforesaid hearing before the Town Board, the Board
may affirm, modify or rescind the enforcement official's order.
B.
Removal. In the event that said abandoned, junked or inoperative
motor vehicle is not removed from the premises within 10 days subsequent
to the hearing, or said other time period as the Town Board may specify,
the Town shall have the right to enter upon the premises and to remove
and dispose of said vehicle. The expense of such removal and disposal
shall be a lawful charge against the owner of the private property
and may be collected in a civil action instituted in the name of the
Town or levied and charged against said real property.
C.
Acquisition of title to vehicle by Town.
(1)
If a vehicle which is declared abandoned by the enforcement official
has no current registration or license plate and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$750 or less, title to such vehicle shall vest in the Town 10 days
subsequent to the public hearing provided for in this section. Such
determination as to wholesale value shall be made by the enforcement
official.
(2)
For vehicles other than those governed by Subsection C(1) above, the Town shall notify the last owner of the vehicle and any lienholders thereon that the Town has commenced procedures to acquire title to the vehicle, and if such vehicle is not claimed and removed from the property within 10 days subsequent to the aforesaid public hearing, title to such vehicle shall vest in the Town.
This chapter shall not be construed to prohibit the renovating
and restoration of a motor vehicle which is or could be classified
as historic by or under the provisions of the Vehicle and Traffic
Law of the State of New York or any regulations promulgated by the
Commissioner of Motor Vehicles of the State of New York; provided,
however, that such vehicle shall be subject to the following regulations:
A.
Such vehicle shall be placed on blocks, with the wheels and tires
removed.
B.
Such vehicle shall be surrounded with suitable screening or fencing
so as to prohibit the same from being visible from the street or contiguous
property owners.
C.
Such vehicle shall not be located on a front yard.
D.
No more than one such vehicle shall be stored on any separate property
in any residential zone within the Town of Kinderhook.
E.
To be eligible for this exclusion, the property owner must apply
for a permit to store such vehicle from the Town Building Official
on an application form approved by the Town Board accompanied by a
filing fee of $50. Such permit shall be granted for a one-year period.
Such permit may be renewed for additional one-year periods upon submitting
the same application and filing fee.
A.
In addition to any expenses which may be collected pursuant to § 232-4, any person committing an offense against this chapter shall be liable for civil penalties not exceeding $250. Each day such offense continues shall constitute a separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided procedures
and penalties, the Town Board may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
