[HISTORY: Adopted by the Village Council of the Village of
New Haven 8-12-2014 by Ord. No. 330. Amendments noted where applicable.]
[Amended 11-14-2017 by Ord. No. 346]
The purpose of this chapter is to limit and restrict the outdoor
storage, parking or unreasonable accumulation of junk, motor vehicles,
house trailers, or tractor trailers, or new or used parts thereof,
upon premises primarily used or zoned for any type of residential
purpose within the Village, to avoid injury and hazard, or devaluation
of property values.
A.
No owner or tenant, or person otherwise having care and custody of
property within the Village, shall park, store, place or allow the
parking, storage or placing on any public right-of-way or public property
or private property, unless zoned and approved for such use, any motor
vehicle, or body, or chassis or a motor vehicle, house trailer, or
tractor trailer, or new or used parts or junk, unless the same is
wholly contained within a fully enclosed building and the same does
not violate any zoning or building laws of the township, county or
state except in the following instances:
[Amended 11-14-2017 by Ord. No.
347]
(1)
Vehicles or trailers that are temporarily inoperable because of minor
mechanical failure, but which are not in any way dismantled, and have
substantially all main parts attached, which may remain on private
property for a period not to exceed 14 days.
(2)
Not more than one vehicle in fully operational condition, such as
a stock car or modified car that has been redesigned or reconstructed
for a purpose other than that for which it was manufactured, provided
that no building or garage is located upon the premises in which the
same could be parked or stored.
B.
Under the exceptions listed here, in no event shall any such vehicle
or trailer be parked in the front or side street yard of any residential
premises.
(1)
No repairing, redesigning, modifying or dismantling work or operations shall be allowed upon any vehicle or trailer or parts thereof, upon any public right-of-way or public property or any property primarily used or zoned for any type of residential purpose for a period in excess of 24 hours, except such as shall be accomplished within a fully enclosed building, and such as will not constitute an annoyance or nuisance under the provisions of Chapter 515, Zoning. Further, any such work within the twenty-four-hour period heretofore allowed shall not consist of any major repair, redesigning, modifying or dismantling work, but only such minor occasional work as may infrequently be required to maintain a vehicle or trailer or parts thereof, in normal operating condition.
(2)
If the regulations of this section create any special or particular
hardship beyond the control of the violator because of unforeseen
circumstances, the Code Enforcement Officer of the Village is hereby
given the authority to grant permission to an applicant to operate
contrary to this chapter for a limited period not to exceed 14 days,
provided no adjoining property is adversely affected in an unreasonable
manner.
C.
Licensed operations not affected by provisions.
(1)
This chapter shall not prevent the operation of any licensed junkyard, salvage yard, garage, body or paint shop legally operating within a proper zone as defined in Chapter 515, Zoning, and shall be in addition to any other laws or ordinances regarding rubbish, refuse, litter, trash or junk control and regulations.
Nuisances are not to be created or maintained. Any parking,
storage, placement, or operation of a motor vehicle, house trailer,
tractor trailer, or new or used parts and junk therefrom, in violation
of the provisions of this chapter, is hereby declared to be a nuisance,
and is prohibited as being unlawful. Such violation may subject the
violator to civil damages as well as fines and penalties as established
by Village Council.
A.
Any person who violates any provision of this chapter shall be subject to the provisions set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day that a violation continues to exist shall constitute a separate offense.
[Amended 1-13-2015 by Ord. No. 333]
B.
In addition to the imposition of fines and penalties, the Village
Code Enforcement Officer or any designated police officer may cause
any vehicle, trailer, or parts thereof which violation the provisions
of this chapter, to be removed from the premises, impounded and destroyed
or sold for junk at the discretion of such officer, and the cost thereof
assessed against the owner of such vehicle, trailer or parts thereof,
or against the owner of the premises on which the same was located.
Any sums of money realized on the sale over and above costs incurred
by the Village shall be reimbursed by the owner of the vehicle, trailer,
or parts thereof.
