[HISTORY: Adopted by the Town Board of the Town of Collins 10-17-1994 by L.L. No. 1-1994. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junked Motor Vehicle Law of the Town of Collins."
The outdoor storage of junked motor vehicles on privately owned property within the Town of Collins is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage of junked motor vehicles on privately owned properties within the Town of Collins outside the Village of Gowanda is, therefore, regulated for the preservation of the health, safety and general welfare of the community.
As used in the chapter unless the context or subject matter otherwise requires:
- JUNKED MOTOR VEHICLE
- Any motor vehicle that is old, wrecked, discarded, abandoned or dismantled or partially dismantled or which is in such deteriorated condition that it cannot be legally operated upon the public highway without substantial repairs. With respect to any motor vehicles not required to be licensed or motor vehicles 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 moved under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
- MOTOR VEHICLE
- Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this chapter, the term "motor vehicle" shall include, but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles and trailers.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, 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
- A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Town of Collins.
- PRIVATE PREMISES or PRIVATE PROPERTY
- Includes all parcels of real property not owned by any unit of government situated in the Town of Collins, whether occupied or vacant, regardless of size, topography or location.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, of property within the Town of Collins, to store or deposit, or cause or permit to be stored or deposited, a junked motor vehicle, or part or piece thereof, on any private property within the Town of Collins, unless:
Such motor vehicle is stored or deposited on premises legally used and operated as a junkyard; or
Such motor vehicle is stored or deposited in a completely enclosed building; or
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing on the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than one month; or
Such motor vehicle is temporarily stored on the premises of a public garage, motor vehicle service station or body repair shop within a commercial or industrial district of the Town while awaiting repaid or servicing at such place of business. Not more than five such vehicles shall be permitted to be stored on any such premises at any one time.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer shall serve a written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this chapter. If the Code Enforcement Officer is unable to ascertain the ownership of such private property by any other means, he may determine ownership of any such parcel of land in the Town of Collins from the current assessment roll of the Town, and may serve written notice upon the owner thereof by mailing such notice by certified mail 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 same in the official newspaper of the Town once each week 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 Town of Collins briefly described as follows:
(here describe subject property)
Notice is hereby given that a junked motor vehicle is stored or deposited on the above-described property in violation of the Junked Motor Vehicle Law of the Town of Collins. 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, the said motor vehicle shall be removed within 24 days from the first publication date of this notice. If such motor vehicle is not removed on or before the expiration of said 10 days from the date hereof, or on or before the expiration of the said 24 days from the date of this notice, in the said event it is served on you by publication, you are hereby summoned to appear before the Town Board of the Town of Collins, New York, at _____ o'clock P.M. on the _____ day of _____, 20__ at which time a hearing will be held to determine why the Town of Collins, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon the said property and remove and cause the said motor vehicle to be destroyed. In the event the Town Board directs that said motor vehicle be removed and destroyed, the expense incurred by the Town of Collins shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
CODE ENFORCEMENT OFFICER OF THE TOWN OF COLLINS"
In the event a junked motor vehicle is not removed as prescribed above, the Code Enforcement Officer shall report such fact to the Town Board in writing. Such report shall recite the violation, the notices given as required hereunder, and the failure to comply therewith and shall include photographs of such junked motor vehicle and of the premises on which it is located. Upon receipt of such report, the Town Board shall thereafter hold a public hearing upon legal notice thereof duly published in the official Town newspaper not less than 10 nor more than 20 days prior to such hearing and posted on the Town Clerk's sign board. Such notice of hearing shall include a statement of the purpose of the hearing, the names and addresses of the person owning the property on which the junked motor vehicle is located. After such hearing, and upon making a determination that a violation of this chapter exists, the Town Board may cause the said junked motor vehicle to be removed from the premises and properly disposed of and direct that the expense of such removal and disposal be assessed against the property described in the notice and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged as other Town charges.
Violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law subject to penalties as set forth in Chapter 1, General Provisions, § 1-3, of the Code of the Town of Collins.
Notwithstanding any other provision of this chapter, the Town of Collins may serve such notices, hold such hearings and do such other and further things as are set forth in §§ 288-5 and 288-6 hereof and may at the same time, or at any other time, without prior notice, proceed under § 288-7 hereof, concerning the imposition of penalties.