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Town of North East, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of North East 9-10-1970 (Ch. 65 of the 1979 Code). Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 101.
This chapter is enacted in recognition of the fact that junk cars abandoned or stored on private property can constitute both a public and private nuisance. They are a source of potential hurt to children and others who may find them an attractive nuisance. They are replete with broken glass, sharp torn metal edges and points, gasoline remaining in tanks of a highly explosive and combustible nature and hurtful acid in batteries, to mention but a few of the more obvious sources of potential physical hurt found on these junk cars. Besides this, these junk cars constitute a blight on the Town's landscape; they destroy the aesthetic qualities of the Town; and they are generally otherwise unsightly. Their existence tends to depreciate not only the property on which they are located but also the property of other persons in the neighborhood and Town generally. They constitute the Town a less safe and less pleasant place in which to live and to do business. They hurt the welfare of the Town as a whole. The intent of this chapter is to establish a legal procedure for the removal of these junk cars where they are found in the Town outside duly licensed establishments.
As used in this chapter, the following terms shall have the meanings indicated:
The Town Code Enforcement Officer.[1]
Any motor vehicle, whether automobile, bus, truck, trailer, tractor or any other contraption originally intended for travel on public highways, which is abandoned, left or located by its owner or any other person, or is permitted or condoned to be abandoned, left or located by its owner or any other person, on private premises in the Town of North East and outside any establishment duly licensed by the Town, and which junk car is unregistered by the State of New York or any other state and not operable. The use of the term in the singular herein is intended, where applicable, to include the plural.
Any individual, person or persons, firm, partnership or corporation, whether business, membership, religious, charitable or otherwise, or any association or other unit or entity owning real property in the Town of North East.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any junk car, as defined by § 110-2 hereinabove, may be removed from the premises on which it is located by the Town of North East in the manner hereinafter provided.
The enforcement officer, upon detecting a junk car, shall have one of the Town patrolmen 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 30 days of the date of such service. Such notice shall also contain a description of the premises, a statement as to the location thereon of a junk car, reference to this chapter and to the fact that the location of such junk car on such premises is in violation of this chapter. If such premises are owned by more than one person, personal service on any one of such owners shall suffice. However, as to any owner not personally served with such notice, or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served, or to the owner and to all the owners if no owner was personally served, by registered mail to their or his last known address as shown on the latest completed assessment roll of the Town. In addition, such enforcement officer shall post conspicuously a copy of such notice on the premises upon which such junk car is located.
At the expiration of 30 days after the service or mailing and posting of such notice, if such junk car has not been removed, the 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 may include or refer to photographs of such junk car and of the premises upon which it is located. Such report shall be entered in the official minutes of the Town Board by the Town Clerk and any such photographs shall be filed in the Town Clerk's office. The Town Board shall thereafter hold a public hearing, on 10 days' prior notice published in the official newspaper of the Town, if there is one, otherwise in a newspaper having general circulation in the Town, and posted on the signboard of the Town Clerk's office. Such notice of hearing shall include a statement that the purposes of the hearing are to give the person owning such junk car an opportunity to be heard as to why same has not been removed and also for the Town Board to receive proposals for the removal of such junk car.
After the hearing, the Town Board may contract for the removal of such junk car. Any expense to the Town in accomplishing such removal may be assessed by the Town Board on the real property from which such junk car was removed, and the expense so assessed 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.