[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Sec. 17-1 of Art. I of Ch. 17 of the 1972 Code of Ordinances. Amendments noted where applicable.]
It is hereby declared and found that abandoned, junked, discarded, dismantled and unlicensed motor vehicles in and upon real property within the City is a matter affecting the public interest, that it constitutes a nuisance in that health, fire and safety hazards are created and that consequently this matter is subject to supervision and control for the purpose of safeguarding the public health, safety and general welfare of the people of the City.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings set forth herein:
- A. Any junk car, as defined below;
- B. Any vehicle, in whatever condition, which does not have a current/valid registration; or
- C. Any motor vehicle situated on private property other than of its owner, which has not been moved or used for seven consecutive days or more and is determined to be deserted by the Police Department.
- JUNKED VEHICLE
- Any motor vehicle which is without a valid registration or license
plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or abandoned condition.[Amended 4-16-2001 by L.L. No. 6-2001]
- MOTOR VEHICLE
- Any automobile, bus, truck, tractor, recreational vehicle, trailer, mobile home or any other contraption propelled or drawn by power other than human muscular power, originally intended or generally used for travel on public highways.
[Amended 10-19-1992; 4-16-2001 by L.L. No. 6-2001]
It shall be unlawful for any person, either as owner, lessee, occupant or otherwise, to store or deposit or cause or permit to be stored or deposited an abandoned, junked, discarded, dismantled, unlicensed or unregistered vehicle in and upon any real property lying, being and situated in the City of Beacon except as provided in this section.
The parking of one unlicensed or unregistered motor vehicle in a fully enclosed private garage is permitted.
Temporary storage of an unlicensed or unregistered motor vehicle, not defined as a junked vehicle as defined herein, on an approved driveway may be permitted by granting a temporary and revocable permit for not more than a twelve-month period; subject to such conditions as will safeguard the public health, safety, convenience and general welfare as determined by the City Administrator. The permit can only be issued to an occupant upon application of the real property owner. The permit shall be issued after the filing of an application on a form to be provided by the City Administrator and the payment of a fee of $10 for each permit.
[Amended 3-16-1992 by L.L. No. 2-1992; 10-19-1992; 2-16-1993; 4-16-2001 by L.L. No. 6-2001]
If the provisions of § 209-3 are violated, the Building Inspector shall serve or cause to be served a written notice upon the owner of the real property and, to the extent possible, upon the last registered owner of said motor vehicle to comply with this chapter. Service shall be by registered or certified mail and regular mail. Should either owner as set forth above fail to correct the violation within 15 days of the date of said notice, he/she will be subject to a fine of $200 for each fifteen-day period or a part thereof, and removal of the vehicle or vehicles at the expense of either the real property owner or the vehicle owner. The Building Inspector shall serve or cause to be served an appearance ticket upon the owner of the real property and, to the extent possible, upon the last registered owner of said motor vehicle to appear in court to answer the charge or charges. Service shall be as set forth in the law or as deemed reasonable by the City Court Judge. As part of the court action the Building Inspector shall seek to have the court set the fine, issue an order to have the vehicle removed at the expense of the real property owner and/or the vehicle owner and such other relief as the court may deem appropriate. Any such order of removal will be carried out by the City's towing contractor pursuant to the towing contract then in effect with the assistance of the Beacon Police Department. Both the owner of the real property and the vehicle owner shall be jointly and severally liable for all costs involved in the removal in addition to any fine. The fine and costs, if unpaid, shall become a lien against the real property where the vehicle was situated and against any real property owned by the vehicle owner.
Any person affected by any notice of violation issued in connection with the enforcement of any provisions of this chapter or of any rule or regulations adopted pursuant thereto may request and shall be granted a hearing before a hearing officer to be appointed by the Mayor, provided that such person shall file within 10 days of the service of the notice of violation pursuant to § 209-4, in the office of the City Administrator, a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom order may be served, and setting forth the reasons why such notice of violation should be modified or withdrawn, on a form as provided by the City Administrator. If this request is filed within such ten-day period, compliance with such notice shall not be required while the hearing is pending. The hearing officer appointed by the Mayor shall not be any member of the staff of the City of Beacon.
Upon receipt of a request for a hearing as provided in § 209-5, the City Administrator shall set a time and place for such hearing and shall give the applicant at least 10 days written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. The applicant shall be entitled to be represented by legal counsel of his choosing at such hearing and to cross-examine all witnesses against him.
After a hearing held in accordance with § 209-6, and on consideration of the evidence presented, the hearing officer shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served upon the applicant at the address set forth in § 209-5. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of §§ 209-2 through 209-8, the hearing officer shall have the power to authorize a variance from the provisions of §§ 209-2 through 209-8, provided that the intent of the said sections shall be observed with respect to the safeguarding of public health, safety, morals or welfare.
The hearing officer shall keep a written summary of testimony and a copy of every notice or order, records of appearances, findings of fact and final determination, and such record shall be maintained as a public record. Stenographic minutes of every hearing shall be made and filed in the offices of the City Administrator. Such minutes shall be made available to any person requesting the same upon payment of a reasonable charge for copying pursuant to law. A copy is to be furnished to the applicant upon request, free of charge.
Any person or party aggrieved by any order of the hearing officer may seek to have such order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules of the State of New York.
[Amended 3-16-1992 by L.L. No. 2-1992]
Any person violating any of the provisions of this chapter shall be liable for a penalty as prescribed in § 1-3.