[HISTORY: Adopted by the Town Board of the
Town of Yorktown 7-21-1998 by L.L. No. 23-1998. Amendments noted where
applicable.]
The outdoor storage of unregistered or abandoned
vehicles on privately owned property within the Town of Yorktown 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 unregistered or abandoned motor vehicles on privately owned properties
within the Town of Yorktown is, therefore, regulated for the preservation
of the health, safety and general welfare of the community.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any motor vehicle not required to be licensed, or a motor
vehicle not usually used on public highways. The fact that such motor
vehicle has remained unused for more than six months, and is not in
a condition to be moved under its own power, shall presumptive evidence
that such motor vehicle is an abandoned 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 (except that "motor vehicle" does not include a motorized
mode transportation for use by the physically impaired).
A person, firm or corporation having title to the motor vehicle.
It will be the presumption that an owner of the property will also
be the owner of any vehicle stored on its 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 Yorktown.
Includes all parcels of real property not owned by any unit
of government situated in the Town of Yorktown, whether occupied or
vacant, regardless of size, topography or location.
Any unregistered motor vehicle under §§ 125
and 401 of the New York State Vehicle and Traffic Law (except that
"motor vehicle" does not include a motorized mode of transportation
for use by the physically impaired) which is discarded, abandoned,
dismantled or partially dismantled, or which is in such deteriorated
condition that it cannot be legally operated upon the public highway
without substantial repairs.
A.Â
It will be unlawful for any property owner or occupant,
lessee, agent and/or tenant of a property owner within a residentially
zoned district in the Town of Yorktown to store or deposit, or cause
or permit to be stored or deposited, outdoors, more than one unregistered
or abandoned motor vehicle, unless said motor vehicle is screened
from view. An unregistered or abandoned motor vehicle will be presumed
to be screened from view so long as it is permanently covered by a
custom fit car cover; only one such properly screened motor vehicle
is allowed, unless the property owner obtains a permit for each additional
unregistered or abandoned motor vehicle that the property owner wishes
to store outdoors. The property owner shall obtain an outdoor storage
permit for each additional motor vehicle sought to be stored.
B.Â
The Building Inspector of the Town of Yorktown may
permit the outdoor storage of more than one unregistered or abandoned
motor vehicle on a residential property upon a finding that the storage
and/or deposit of said motor vehicle does not present a safety hazard
or nuisance to surrounding property. The Building Inspector shall
require, where feasible, that any unregistered or abandoned motor
vehicle must be stored behind the rear building line and interior
to the side building lines, and properly screened. A vehicle so stored
shall for purposes of this chapter be presumed not a safety hazard
or a nuisance to surrounding property.
C.Â
The Building Inspector may allow for the outdoor storage or deposit
of more than one unregistered and abandoned motor vehicle on residentially
zoned property for a period of 180 days, at which time the property
owner must reapply for a new permit. The amount for each permit is
set forth in the Master Fee Schedule.[1]
[Amended 6-6-2017 by L.L.
No. 9-2017]
D.Â
Should any property owner feel aggrieved by the decision
of the Building Inspector in regard to either denying or approving
a permit for the storage of additional unregistered or abandoned motor
vehicles on residentially zoned private property, they may appeal
such decision to the Zoning Board of Appeals without a fee. Any matter
so appealed shall be heard by the Zoning Board of Appeals within 60
days.
A.Â
Any person convicted of having violated or disobeyed
any provision of this chapter, any order of the Building Inspector
or Zoning Board of Appeals or any condition duly imposed by the Building
Inspector or Zoning Board of Appeals in a permit granted pursuant
to this chapter shall, for the first offense be punishable by a fine
of not less than $500 a day, not to exceed $5,000. Each consecutive
day of the violation may be considered a separate offense.
[Amended 4-20-2004 by L.L. No. 10-2004]
B.Â
Affirmative defense. It shall be an affirmative defense
to any prosecution hereunder that the motor vehicle for which the
property owner is cited had at the time of the offense a valid New
York State inspection sticker affixed to said motor vehicle.
A.Â
If the provisions of the foregoing sections are violated,
the Building Inspector 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 Building Inspector is unable
to ascertain the ownership of such private property by any other means,
he or she may determine ownership of any such parcel of land in the
Town of Yorktown 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 Building Inspector is unable to determine
the ownership or address of the owner of said private property, such
notification may be made by publishing the same in the official newspaper
of the town once each week for two consecutive weeks.
B.Â
The notice shall be in substantially the following
form:
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"To the owner or lessee of lands shown on the
Tax Map of the Town of Yorktown as Section _____, Parcel _____, Lot
_____, upon which one or more unregistered or abandoned motor vehicles
stored or deposited on the above-described property in violation of
the Unregistered or Abandoned Motor Vehicle Law of the Town of Yorktown.
The vehicle must be removed therefrom within 20 days from the date
of this notice; provided, however, that if this notice is served on
you by publication, 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 20 days
from the date hereof or on or before the expiration of said 24 days
from the date of this notice, in the event that it is served on you
by publication, you are hereby summoned to appear before the Town
Board of the Town of Yorktown, 363 Underhill Avenue, Yorktown Hts.,
New York, at _____ o'clock p.m. on the _____ day of __________, 19_____,
at which time a hearing will be held to determine why the Town Board
of the Town of Yorktown, acting through its duly authorized agents,
servants, officers and employees, should not enter upon said property
and remove and dispose of or cause said motor vehicle to be destroyed.
In the event that the Town Board of the Town of Yorktown directs that
said motor vehicle be removed and disposed of or destroyed, the expense
incurred by the Town of Yorktown shall be assessed against said property
and shall constitute a lien thereon and be collected in the manner
provided by law.
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Dated:
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Building Inspector
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Town of Yorktown
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In the event that an unregistered or abandoned
motor vehicle is not removed as prescribed above, the Town Board of
the Town of Yorktown shall thereafter hold the public hearing upon
legal notice thereof duly published in the official town newspaper.
After such hearing and upon making a determination that a violation
of this chapter exists, the Town Board may cause said unregistered
or abandoned motor vehicle to be removed from the premises and disposed
of or destroyed and direct that the expense of such removal and disposition
or destruction 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.
This chapter shall take effect immediately upon
filing in the office of the Secretary of State of New York in accordance
with the provisions of the Municipal Home Rule Law.
