[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 4-18-1996 as L.L. No. 6-1996.
Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation, either as
owner, lessee, occupant or otherwise, to allow a commercial vehicle, as defined
herein, to be placed, parked or continuously stored within a residential district
and upon the residential real property, unless housed in an enclosed structure,
within the municipal boundaries of the Village of Elmira Heights. Nothing
in this chapter shall be constructed to prohibit the parking of commercial
vehicles in a private garage or to interfere with the operation of a duly
authorized business enterprise.
Any vehicle or trailer, registered with any state as a commercial vehicle,
having a gross weight per axle exceeding 10,000 pounds, width exceeding 84
inches, height exceeding nine feet or length exceeding 25 feet shall constitute
a commercial vehicle for the purpose of this section.
If the provisions of § 206-1 are not complied with, the Building Inspector of the Village of Elmira Heights shall post or cause to be posted in a conspicuous place upon the premises affected, a notice to comply with the provisions of this chapter and a copy thereof mailed, on the same day it is posted, to the owner of the premises to comply with the provisions of this chapter. The Building Inspector shall mail or cause to be mailed, such written notice to such owner, addressed to the last known address as the same may appear upon the last town assessment roll. If the person upon whom the notice be served fails, neglects or refuses to comply with the provisions of the said notice within 30 days after such posting and mailing of such notice, the Building Inspector shall cause such commercial vehicle to be removed and the total cost thereof may be certified to the Assessor of the Village of Elmira Heights, to be assessed upon the premises on which such commercial vehicle is found, and shall constitute a lien and charge on the lot or parcel of land which is to be levied until paid or otherwise satisfied or discharged and shall be collected in the manner provided by law for the collection of delinquent taxes.
If a property owner has been served a notice to remove a commercial
vehicle or vehicles and elects to relinquish his rights and interest to the
vehicle or vehicles and to permit the village to carry out the abatement of
the violations as listed on the notice without further delay, then, in that
event, the village may proceed to remove the violations, provided that the
owner signs a waiver, in writing, in this effect, holding the village harmless
for any damage claims and submits the same to the Building Inspector. Any
expense incurred by the village as a result of removing any commercial vehicles
following the receipt of a waiver from the property owner or his duly authorized
representative shall be at the village's expense.
Whenever such thirty-days' notice is served, the owner may, within
15 days after such service, request a hearing before the Building Inspector
and a hearing shall be given such owner prior to the expiration of the period
for compliance.
The rules of evidence prevailing in courts of record shall not be controlling
in hearings held pursuant to this chapter.
Any person, firm, corporation or other who shall violate this chapter
shall be guilty of an offense and upon conviction shall be subject to a fine
of $50. Each week's violation shall constitute a separate and additional
violation. Notwithstanding a penalty hereinbefore provided, the Village of
Elmira Heights may enforce obedience of this chapter or any part thereof by
injunction to restrain such violation. The Code Enforcement Officer of the
Village of Elmira Heights shall be authorized to issue an appearance ticket
to enforce the collection of any fines assessed under this section and not
paid within 30 days. Upon the violator's appearance, the court shall
have the authority to assess any penalties and collection proceeding available
to it under NYS Penal and/or Vehicle and Traffic Law.
