[HISTORY: Adopted by the Town Board of the Town of Mendon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-2-1973 by L.L. No. 1-1973 (Ch. 194 of the 1994
Code)]
This article shall be known and entitled "Abandoned and Junk
Vehicles Local Law No. 1 of 1973 of the Town of Mendon."
The outdoor storage of abandoned, junked, discarded or unlicensed
vehicles on privately owned property within the Town of Mendon is
detrimental to the health, safety and general welfare of the community
and constitutes a detriment to a clean, wholesome, safe and attractive
environment that is important to the community. The storage of such
vehicles endangers the person and property of members of the community
and constitutes a potential nuisance to the children of the community.
The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum
fumes and constitute an ever-present danger of explosion. The abandoned
or junk vehicles often contain broken glass and sharp metal edges
and usually are stored or abandoned with batteries containing harmful
acids. The control of the outdoor storage of abandoned or junk vehicles
on privately owned property in the Town of Mendon, outside the Village
of Honeoye Falls, is, therefore, regulated for the preservation of
the health, safety and general welfare of the community.
[Amended 11-10-1997 by L.L. No. 8-1997]
All word usage and definitions used in this article are contained in Chapter 5, Definitions and Word Usage, of the Town Code.
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 Mendon, to store or deposit, or cause or permit
to be stored or deposited, an abandoned, junk or discarded vehicle
or part or piece thereof on any private property within the Town of
Mendon, outside the Village of Honeoye Falls, unless:
A.
Such vehicle is stored or deposited in a completely enclosed building;
B.
Such vehicle is under repair, reconstruction or refurbishing by the
owner thereof, who must actually be residing upon the premises. Such
vehicle must be so maintained and protected so as not to create any
safety hazard or nuisance to surrounding property owners and shall
not remain on the premises for more than six months; or
[Amended 1-12-1998 by L.L. No. 1-1998; 10-15-2018 by L.L. No. 3-2018]
Any vehicle that is abandoned, junk, discarded or unlicensed, as defined in Chapter 5, Definitions and Word Usage, may be removed from the premises on which it is located by the Town of Mendon in the manner hereinafter provided.
A.
The Code Enforcement Officer, upon detecting an abandoned, junk,
discarded or unlicensed vehicle, shall 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 10 days of the date of such service or file written notification
that the vehicle has been abandoned on his property by another. Such
notice shall also contain a description of the premises, a statement
as to the location thereon of the vehicle, reference to this article
and to the fact that the location of such vehicle on such premises
is in violation of this article. 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 Code 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 such Town.
In addition, such Code Enforcement Officer shall post conspicuously
a copy of such notice on the premises upon which such vehicle is located.
B.
At the expiration of 10 days after the service or mailing and posting
of such notice if such abandoned, junk, discarded or unlicensed vehicle
has not been removed or if the property owner has not, in writing,
informed the Code Enforcement Officer that the vehicle was abandoned
on his property by another, 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 may include or refer to photographs of such
vehicle 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, or otherwise in a newspaper having general
circulation in the Town and posted on the signboard of the Town maintained
pursuant to Subsection 6 of § 30 of the Town Law. Such notice
of hearing shall include a statement that the purposes of the hearing
are to give the property owner where the vehicle is located and the
person owning such vehicle an opportunity to be heard as to why the
same has not been removed and also for the Town Board to receive proposals
for the removal of such vehicle.
C.
After the hearing, the Town Board may contract for the removal of
such abandoned, junk, discarded or unlicensed vehicle. Any expense
to the Town in accomplishing such removal may be assessed by the Town
Board on the real property from which such vehicle 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.
D.
Upon notification from the property owner within the ten-day period
that the abandoned, junk, discarded or unlicensed vehicle was abandoned
on his property by another, the Code Enforcement Officer shall make
an inquiry in an attempt to identify the last registered owner of
the vehicle so that said vehicle owner can be joined in all subsequent
proceedings, as set forth herein:
E.
Following identification of the last owner of the vehicle, the Code Enforcement Officer shall report in writing to the Town Board describing the location of the vehicle, along with information identifying the last registered owner, who shall be sent a written notice, as set forth in § 247-5A hereinabove, by certified mail, to his last known postal address.
F.
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, or otherwise in a newspaper having general circulation in
the Town and posted on the signboard of the Town maintained pursuant
to Subsection 6 of § 30 of the Town Law. Such notice of
hearing shall include a statement that the purposes of the hearing
are to give the person identified as the last registered owner, as
well as the property owner where the vehicle is located, an opportunity
to be heard as to why they should not be charged directly, or as a
lien and charge against the property, for the removal of said vehicle
and also for the Town Board to receive proposals for the removal of
such vehicle.
G.
If the Code Enforcement Officer has received proper notification from the property owner within the ten-day period, set forth in Subsection A hereinabove, that the vehicle was abandoned on his property by another and has been unable to identify the last registered owner, the cost of removal of the vehicle shall become a charge against the property owner, as set forth in Subsection C hereinabove.
H.
In all cases, after proper notice to all interested parties and a
hearing before the Town Board as provided above, the Town Board may
order any of the following:
(1)
That the vehicle in question be removed from the property by a contractor of the Town's selection to a location of which the property owner and/or vehicle owner shall be notified in writing, in which case the Town shall thereafter have the right to sell the vehicle at public or private sale to the highest bidder. The Town shall be deemed to own the vehicle and convey, by quit claim bill of sale, all rights, title and interest thereto to a buyer. The Town shall provide an affidavit along with its bill of sale, stating that the Town has complied with all provisions of Town Code Chapter 247, Article I. The Town shall have no obligation to cause or attempt to cause the New York State Department of Motor Vehicles to issue a certificate of title to the Town or to the purchaser.
[Added 5-26-1992 by L.L. No. 2-1992; amended 11-28-1994 by L.L. No.
7-1994]
A violation of § 247-4 shall be deemed an offense, and a person violating such section shall, upon conviction, be subject to penalties as provided by Chapter 9, Penalties and Enforcement, of the Town Code. Each day's continued offense shall constitute a separate violation. This penalty shall be in addition to any costs of removal of a vehicle.
[Adopted 1-24-1994 by L.L. No. 1-1994 (Ch. 150 of the 1994
Code)]
The Town Board of the Town of Mendon hereby finds that vehicles
parked on public highways during periods of snowfall create a public
nuisance and safety hazard by interfering with proper plowing, sanding,
salting and snow removal and by creating significantly increased hazards
of vehicular accidents, thereby threatening the health, safety and
welfare of residents of the Town and those who travel on its streets
and highways. It is the specific purpose and intent of this article
to empower the Town to deal effectively with this problem in the manner
following, notwithstanding any general or local law to the contrary.
No owner or operator of a motor vehicle shall park the same
unattended on any Town or county street or highway within the Town
of Mendon outside the Village of Honeoye Falls between the hours of
2:00 a.m. and 7:00 a.m. from November 15 to April 15 of each year
or on any state highway in violation of regulations duly issued by
the New York State Department of Transportation.
The Highway Superintendent shall maintain appropriate signs
at all main entrances to the Town of Mendon between November 15 and
April 15 of each year stating "No parking on streets and highways
within the Town of Mendon between the hours of 2:00 a.m. and 7:00
a.m."
The motor vehicles in violation of this article may be towed
away by or at the direction of the Highway Superintendent of the Town
of Mendon and impounded until reasonable towing and storage costs
are paid.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any person violating any of the provisions of this article shall
be guilty of a traffic infraction and may be punished, upon conviction
thereof, in accordance with Vehicle and Traffic Law § 1800.
A notice of violation for a violation of this article may be issued
by the Highway Superintendent or his designee or any other person
authorized by law to issue appearance tickets. Such notice of violation
shall be served in the manner provided in § 238 of the Vehicle
and Traffic Law. Owners of vehicles in violation of this article shall
be liable for penalties imposed in the same manner as set forth in
§ 239 of the Vehicle and Traffic Law.
