[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 9-7-1965 by L.L. No. 1-1965 (Ch. 127 of the 1987
Code); amended in its entirety 10-21-2019 by L.L. No. 5-2019. Subsequent amendments
noted where applicable.]
It is hereby declared and found that storage of abandoned, junked,
discarded, dismantled, unlicensed, or unregistered motor vehicles
in and upon privately owned or occupied property within the Village
of Liverpool is a matter affecting the public interest; that it constitutes
a nuisance in that health, fire and safety hazards are created thereby;
and that, consequently, this matter is subject to supervision and
control for the purposes of safeguarding the public health, safety
and general welfare of the residents of the Village of Liverpool and
for the preservation of peace and good order, the benefit of trade,
the prevention and extinguishment of fires and explosions and the
abatement of attractive nuisances to children and perils to their
safety within the Village of Liverpool. It is hereby declared that
the adoption of this chapter has for its purpose the effective termination
of such obnoxious practices.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law
of the State of New York, that is:
Unlicensed, unregistered, 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 purposes 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 at that time before such
repair.
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 may be licensed or registered
with the State of New York but does not display a current license
plate shall be presumptive evidence that such motor vehicle is unlicensed
or unregistered.
The use of the term in the singular herein is intended, where
applicable, to include the plural.
The Chief of Police or any subordinate officer of the Liverpool
Police Department or the Code Enforcement Officer.
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Village of Liverpool.
It shall be unlawful for any person within the Village of Liverpool
to store or deposit, or cause, suffer or permit to be stored or deposited,
an abandoned, junked or inoperative motor vehicle or part or piece
thereof on any private property within the Village, except within
a garage or other enclosed structure.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the Village in violation of § 360-3 hereof may be removed from the premises on which it is located in the following manner:
A.Â
The enforcement official shall serve personal or written notice on
the owner of the private property on which the vehicle is located,
ordering such person to remove the same or cause the same to be removed
therefrom within five days of the date of said service. The enforcement
official may determine the ownership of any parcel of land in the
Village from the current assessment roll.
B.Â
In the event that said abandoned, junked or inoperative motor vehicle
or vehicles are not removed from the premises or located within the
time required in the notice, the Village shall have the right to enter
upon the premises and to remove and dispose of the abandoned, junked
or inoperative motor vehicle or vehicles. The expense of such removal
and disposal shall be a lawful charge against the owner of the private
property and may be collected, if necessary, in a civil action instituted
in the name of the Village.
Any owner, lessee, tenant, occupant, agent or other person who shall neglect and refuse to remove said abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this chapter, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village in the removal and destruction thereof, shall be punishable as provided in § 1-12 of Chapter 1, General Provisions, for each violation thereof.
