[HISTORY: Adopted by the Town Board of the Town of Webster 8-10-1978 as L.L. No. 3-1978. Amendments noted where applicable.]
The outdoor storage of junked or abandoned motor vehicles on privately owned property within the Town of Webster 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 junked or abandoned motor vehicles on privately owned properties within the Town of Webster is, therefore, 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 automotive vehicle or a trailer, except recreational vehicles and house trailers as governed by Chapter 151 of the Town Code, which is without a currently valid license plate or plates, that is left to remain outside a completely enclosed building in the same lot or part of a lot for more than four days without the permission of the owner of the premises.
- AUTOMOBILE WRECKING
- The dismantling or disassembling of new or used automotive vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or parts.
- JUNKED MOTOR VEHICLES
- Any motor vehicle whether automobile, bus, truck, trailer, tractor or any other vehicle intended for highway use that is unlicensed, old, wrecked, discarded, abandoned or dismantled or partially dismantled, 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 a motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than three months and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a "junked motor vehicle." The fact that a motor vehicle which may be licensed or registered with the State of New York does not display a current 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 and trailers.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE 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 Webster.
- PRIVATE PREMISES OR PROPERTY
- Includes all parcels of real property not owned by any unit of government situated in the Town of Webster, whether occupied or vacant, regardless of size, topography or location.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, of property within the Town of Webster to engage in or to assist or participate in automobile wrecking or to store or deposit or cause or permit to be stored or deposited a junked motor vehicle or part or piece thereof on any private property within the Town of Webster, unless:
Such motor vehicle is stored or deposited on a premises legally used, operated and located for a junkyard.
Such motor vehicle is stored or deposited in a completely enclosed building.
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing upon the premises. Not more than one such motor vehicle shall be permitted 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 on the premises more than three months.
Such motor vehicle is temporarily stored on the premises of a duly authorized motor vehicle service station or body-repair shop 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.
Such motor vehicle is temporarily stored on the premises of an actively cultivated farm and used in connection with farm work. 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 inactive more than nine months.
It shall be unlawful for any person, firm or corporation to maintain or to permit to be maintained any abandoned vehicle or vehicles in the Town of Webster. Owners or occupants of property on which there is an abandoned vehicle will be given notice by registered or certified mail by the Building Official of the Town of Webster to remove the abandoned vehicle or vehicles from their property within 10 days from the day the notice is sent to such owner or occupant, and if said abandoned vehicle or vehicles are not removed from the premises by the time required in the notice, the Town of Webster shall have the right to enter upon the premises and to remove and dispose of the abandoned vehicle or vehicles. The expense of such removal and disposition shall be a lawful charge against the owner or occupant of the premises.
For the purposes of this chapter, the location of junkyards and yards used for the storage of abandoned vehicles or for automobile wrecking already established shall be permitted to continue in existence, provided that the owner of the premises so used shall, within 60 days following the effective date of this chapter, obtain from the Town Board of the Town of Webster a license in accordance with the terms and provisions of § 136 of the General Municipal Law.
If the provisions of the foregoing sections are believed to be violated, the Building Official of the Town of Webster shall serve a written notice, personally or by registered or certified mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this chapter. The Building Official may determine ownership of any parcel of land in the Town of Webster 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 of the address listed on the current assessment roll. If the Building Official 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 for two consecutive weeks. The notice shall be in substantially the following form:
|To the owner, occupant or person having charge of land within the Town of Webster briefly described as follows:|
|(Here describe subject property)|
|Notice is hereby given that a junked or abandoned motor vehicle is stored or deposited on the above-described property in violation of the Junked and Abandoned Motor Vehicle Law of the Town of Webster. This vehicle must be removed therefrom within 10 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 10 days from the date hereof, or on or before the expiration of said 24 days from the date of this notice, in the event it is served on you by publication, the Town of Webster shall have the right to enter upon the premises and to remove and dispose of the junked or abandoned vehicle or vehicles. The expense incurred by the Town of Webster shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.|
|Dated:||Building Department Town of Webster|
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. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $100 per separate violation, or the town's cost of inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any penal monetary fine which may have been imposed. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Webster in the removal and destruction of a motor vehicle by order of the Building Official shall be subject to the fines and penalties provided herein. 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.
Notwithstanding any other provision of this chapter, the Town of Webster may serve such notices, hold such hearings and do such other and further things as are set forth in § 213-6 hereof, and may at the same time, or at any other time, without prior notice, proceed with § 213-7 hereof, concerning the imposition of penalties.