[HISTORY: Adopted by the Town Board of the Town of Victor 10-13-2015 by L.L. No. 10-2015[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 211.
[1]
Editor's Note: This local law also repealed former Ch. 194, Vehicles, Abandoned or Junk, adopted 4-13-1987 by L.L. No. 2-1987, as amended.
The purpose of this chapter is to control and regulate the outdoor storage of abandoned or junk vehicles within the Town. The Town of Victor finds that abandoned or junk vehicles constitute a hazard and nuisance to the health, safety and welfare of the citizens of the Town. The Town also finds that the storage of abandoned or junk vehicles is unsightly and depreciates surrounding property values. The control of the outdoor storage of abandoned or junk vehicles within the Town shall be regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any motor vehicle defined as an "abandoned vehicle" pursuant to § 1224 of the Vehicle and Traffic Law of the State of New York.
JUNK VEHICLE
Any motor vehicle that, for any reason, a) is incapable of being operated, drawn or driven by any self-propelled means of power, or b) is unlicensed, discarded, abandoned, or a salvage vehicle, or c) which is no longer intended or in condition for legal use upon the public highway. With respect to any motor vehicle not required to be licensed or not usually used on public highways, the fact that such vehicle has remained unused for more than three consecutive months and is incapable of being operated, drawn or driven by any self-propelled means of power shall be presumptive evidence that such vehicle is a "junk vehicle." The fact that a motor vehicle which may be licensed or registered with the State of New York does not display a current license plate shall be presumptive evidence of the fact that such motor vehicle is unlicensed.
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 not be limited to, automobiles, trucks, buses, motorcycles, trailers, and recreational vehicles including but not limited to all-terrain vehicles, motorboats and similar personal powered watercraft, motor homes, and snowmobiles.
SALVAGE VEHICLE
Any inoperable motor vehicle which is being dismantled (either partially or wholly) for the purpose of removing undamaged or operable parts for the purpose of resale or installation in another vehicle. The term "salvage vehicle" shall include the component parts of such vehicles when those parts are stored or deposited outdoors.
A. 
No person, firm, or corporation shall, within the Town of Victor, store, deposit, or cause or permit to be stored or deposited a junk vehicle or any part or piece thereof outdoors on real property owned by that person, firm, or corporation, or occupied as a tenant by such person, firm, or corporation. In cases of leased property, the responsibility for adherence to this chapter is shared jointly and severally by both the owner of the land and the tenant. Storage of any junk vehicle for a period longer than five days after receipt of a notice from the Town of Victor shall constitute a violation.
B. 
Exemptions. This section shall not apply to:
(1) 
Junkyards as governed by Chapter 128 of the Town Code.
(2) 
Licensed motor vehicle service stations or body-repair shops within a commercial or industrial district of the Town while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted on any such premises at any one time.
(3) 
Agricultural vehicles and equipment which are temporarily stored on the premises of an active farm and used in connection with farm work. Such vehicles must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain inactive for more than nine months.
(4) 
Junk vehicles stored in covered structures which comply with New York State building codes governing the use of structures for the storage of motor vehicles.
(5) 
Junk vehicles which are under repair, reconstruction or refurbishing by the owners thereof who reside upon the premises. Not more than one such vehicle shall be permitted to be stored or deposited outdoors at any one time on any premises. Such motor vehicle must be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain as a junk vehicle on the premises more than three months.
No person, firm or corporation shall, within the Town of Victor, permit, cause, or consent to allow abandoned vehicles to be stored or deposited outdoors on real property owned by that person, firm or corporation, or occupied as a tenant by such person, firm or corporation. In cases of leased property, the responsibility for adherence to this chapter is shared, joint and severally, by both the owner of the land and the tenant. The storage of abandoned vehicles for a period of longer than five days after receipt of a notice of violation set forth in § 194-5 of this chapter from the Town of Victor shall constitute a violation.
After the Code Enforcement Officer has determined that an abandoned or junk vehicle is being stored on a parcel of real property in violation of this chapter, he shall serve written notice of the violation, personally or by registered or certified mail, upon the owner of record and the occupant of the property, if any, directing the removal of such a vehicle or vehicles within five days of receipt of such notice.
It shall be the duty of the Code Enforcement Officer to enforce this chapter and to bring to the attention of the Town Board any violations or lack of compliance herewith. This chapter may also be enforced by any law enforcement agency having jurisdiction within the Town of Victor.
There shall be a presumption that a person who has received the notice of violation set forth in § 194-5 of this chapter has stored, deposited, abandoned or caused, consented or permitted the storage of such vehicles described in said notice.
A. 
When extenuating circumstances exist or hardship conditions can be demonstrated, a special permit for an exemption to this chapter may be granted to an individual for a specified period of time by application to the Town Board of the Town of Victor. Application must be made through the office of the Town Clerk. The application may be approved for the reason stated by the applicant, provided that approval would not be detrimental to the health, safety or welfare of the Town of Victor. The applicant shall be required to offer such proof as a part of the process of getting approval for the application. Such a permit will be granted only after a hearing has been held on the merits of the application and findings of fact have been stated by the Town Board in the resolution of approval.
B. 
Special permits granted under this section shall be valid for a period of one year, subject to renewal upon further application to the Town Board upon the same terms as set forth above.
A. 
A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be an offense, punishable by a fine not exceeding $250 or by imprisonment not to exceed six months, or both. Each day's continued violation shall constitute a separate and additional offense. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or any provisions or parts thereof shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation.
B. 
In addition to the enforcement proceeding set forth above, this chapter may be enforced by instituting a special proceeding, as authorized by Article 4 of the Civil Practice Law and Rules, to compel compliance with the provisions of this chapter or to restrain by injunction any violation thereof or to obtain any other appropriate relief.
Notwithstanding any other provisions of this chapter, any automobile storage facility or other junkyard located in a residentially zoned district in existence at the effective date of this chapter shall, at the expiration of one year from such date, be discontinued.