[Adopted 9-26-2000 by Ord. No. 9-2000]
Any junk vehicle, as defined in § 263-2, which is, in the opinion of the Police Chief or his designee, or the Code Enforcement Director or his designee, a danger to the welfare and safety of the citizens of the City of Cohoes in it which constitutes a hazard and a public nuisance as defined by law, shall not be parked, stored or left in the open, upon private property for a period of more than one week, except as permitted by license pursuant to the General Municipal Law, unless the same is necessary for the operation of a business enterprise lawfully upon said premises and said dangerous vehicles are enclosed or secured by sufficient fencing so as not to allow entry.
After the expiration of said one-week period, any police officer or
code enforcement officer shall give written notice by registered or certified
mail, or personal service, on the owner of the dangerous vehicle, or on the
owner or the tenant of any property on which a junk vehicle is openly stored.
If the owner of such premises is absent from the city, or is a nonresident
of the city, notice shall be mailed by registered or certified mail addressed
to the owner at the last known address as the same may appear on the last
assessment roll. Such notice shall direct the person so served to terminate
the open storage of said dangerous vehicle within the City of Cohoes within
10 days of service. The notice shall state that the dangerous vehicle is to
be removed from open storage or, in the alternative, removed by municipal
authorities. If the person so served contends that said vehicle is not a dangerous
vehicle as herein defined, they shall notify the City Code Enforcement Director
in writing of such contention within 10 days of service. Failure of the person
so served to notify the Code Enforcement Director shall give rise to the presumption
that said vehicle is dangerous as defined herein. Upon receipt of notification,
the City Code Enforcement Director shall serve an appearance ticket in order
to schedule court proceedings in the City Court for a determination as to
the danger that said vehicle presents. The owner of said vehicle may, also,
apply to the City Court for a stay of enforcement for a temporary period in
the Court's discretion.
A.
Upon the expiration of the time period provided in this
article, including any extension of time ordered by the Court, such dangerous
vehicle shall be deemed a public nuisance, and the City Code Enforcement Director
or Police Department representative shall have the right to enter and remove
such dangerous vehicle from any premises within the city where such dangerous
vehicle may be found and to dispose of such vehicle. Neither the city nor
any person acting on behalf of the city shall be liable to any person for
the disposable or destruction of such dangerous vehicles pursuant to this
article.
B.
Upon removal by the city, the owner or his agent may
claim such dangerous vehicle, and upon payment of the towing or removal charges
thereof, may remove such dangerous vehicle at his own expense to a legal storage
space. If, after a reasonable period of time, no claim is made for said vehicle,
the vehicle may be sold or disposed of in the manner provided for in this
chapter.
A violation of any of the provisions of this article shall be punishable by penalties outlined in § 263-4 and, in addition, a separate civil penalty may be assessed for any towing or removal charges expended by the city.
