[HISTORY: Adopted by the Town Board of the Town of Riga: Art. I, 11-20-1989
as L.L. No. 2-1989; Art. II, 11-20-1989
as L.L. No. 3-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 92.
[Adopted 11-20-1989 as L.L. No. 2-1989]
This Article has as its purpose the prevention of private and public
nuisances created by the location and storage of junk vehicles on private
property within the Town of Riga (outside the limits of the Village of Churchville).
Said vehicles are an attractive nuisance to children, constitute a health
and safety concern for all and are a source of vexation and annoyance. They
depreciate the value of neighboring property and are a potential source of
fire and explosions. The preservation of public health, protection of property
and elimination of public peril make local legislation to terminate such practice
a necessity.
It shall be unlawful for any person, firm, corporation, association
or other entity owning real property in the Town of Riga or his agent, employee
or tenant to suffer, permit or cause to be left or stored any junk motor vehicle,
whether or not owned by him, upon his property in violation of the provisions
of this Article or any other local law of the Town of Riga.
A.
A motor vehicle shall be deemed to be a junked motor
vehicle if:
(1)
It is present on private property not duly licensed as
a garage or motor vehicle repair shop or other facility operating in accordance
with the zoning laws of the Town of Riga, whether said vehicle is owned by
the owner of said lands or is there with the knowledge and consent of the
owner of said lands, if it:
(a)
Is not currently registered to be operated on the public
highways of the State of New York, provided that registration is required.
(b)
Is inoperable or has been substantially dismantled or
has been permitted to deteriorate and has been permitted to continue in that
state for a period of time long enough to raise the presumption that there
is not intent to make is usable. A period of 30 days shall be deemed such
a period.
(c)
Is being dismantled for the purpose of using its parts
in the repair of other vehicles or otherwise disposing of the same.
B.
Any one or all of the foregoing shall constitute a violation
of this Article.
C.
Nothing herein contained is intended to prevent the storing
of any such vehicle in a wholly enclosed area, completely hidden from view
from any street or public place or from adjoining or other private property,
provided that the vehicle is otherwise lawfully on the premises.
D.
Nothing herein shall include in the meaning of a junk
vehicle any functional piece of equipment used in agriculture or business
which is constructed partly from motor vehicles.
A.
Any junk car, as defined hereinabove, may be removed
from the premises on which it is located by the Town of Riga in the manner
hereinafter provided.
B.
The Zoning Enforcement Officer, upon detecting a junk
car, may serve written notice upon the person owning the premises on which
the same is located, ordering such person to remove the same or cause the
same to be removed therefrom within 10 days of the date of such service or
file written notification that the vehicle has been abandoned on his property
by another. Such notice shall also contain a description of the premises,
a statement as to the location thereon of a junk car and reference to this
Article and to the fact that the location of such junk car on such premises
is in violation of this Article. The Zoning Enforcement Officer shall mail
such notice to owners by registered mail to their or his last known address,
as shown on the latest completed assessment roll of the Town.
C.
At the expiration of 10 days after the service by mailing
of such notice, if such junk car has not been removed or if the property owner
has not, in writing, informed the Zoning Enforcement Officer that the junk
car was abandoned on his property by another, the Zoning Enforcement Officer
shall report such fact to the Town Board in writing. Such report shall recite
the violation, the notices given as required hereunder and the failure to
comply therewith and may include or refer to photographs of such junk car
and of the premises upon which it is located. Such report and such photographs
shall be filed in the Town Clerk's office.
(1)
The Town Board may thereafter hold a public hearing on
10 days' prior notice published in the official newspaper of the Town
and posted on the signboard of the Town maintained pursuant to § 30,
Subdivision 6, of the Town Law. Such notice of hearing shall include a statement
that the purposes of the hearing are to give the person owning such junk car
an opportunity to be heard as to why the same has not been removed and also
for the Town Board to receive proposals for the removal of such junk car.
(2)
After the hearing, the Town Board may contract for the
removal of such junk car. Any expense to the Town in accomplishing such removal
may be assessed by the Town Board on the real property from which such junk
car was removed, and the expense so assessed shall constitute a lien and charge
on the real property on which it is levied until paid or otherwise satisfied
or discharged as other Town charges.
A.
This Article shall be enforced by the Zoning Enforcement
Officer of the Town of Riga, who is hereby authorized to cause the removal
of said vehicle by the institution of the optional removal procedure or by
service of an appearance ticket with respect to a violation of this Article.
B.
Each and every violation of this Article shall constitute
a violation and shall be punishable by a fine not less than $250 and not more
than $1,000.
C.
In addition to the above-named penalty, the Town Board
may elect to institute the removal proceeding in the above sections, or it
may also maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain by injunction
the violation of this Article and to collect any other incurred costs.
Notices are to be given by personal service or by certified mail.
This Article may be used and enforced against any junked vehicle already
located in the possession of the Town of Riga and any vehicle presently deemed
a junk vehicle under the terms hereof.
[Adopted 11-20-1989 as L.L. No. 3-1989]
The purpose of this Article is to provide for the disposition of abandoned,
discarded or unregistered motor vehicles upon public property and rights-of-way
within the municipality which are detrimental to safety, health and the public
welfare. They constitute a safety hazard, inhibit road maintenance and are
a nuisance. They are a source of vexation and annoyance. They depreciate the
value of neighboring properties. The preservation of public health and protection
of property and the elimination of public peril compels the governing body
to legislate on this matter. It is hereby declared that the adoption of this
Article has for its purpose the effective termination of such practices.
It shall be unlawful for any person or his agent or employee to abandon
or to suffer, permit or cause to be left any motor vehicle, whether or not
owned by him, upon any public street or right-of-way or in any public place
or on his own property in a right-of-way in violation of the provisions of
this Article or any other local law of the Town of Riga.
A.
A motor vehicle shall be deemed to be abandoned if it
is present:
(1)
With no number plates affixed thereto or in any inoperable
condition for more than six hours on any highway or in any other public place.
(2)
Whether licensed or not, for more than 24 hours on any
highway or in any other public place, except a portion of a highway or public
place on which parking is legally permitted.
(3)
For more than 24 hours after the parking of such vehicle
shall become illegal on a portion of a highway or public place on which parking
is legally permitted.
(4)
For more than 10 days on property of another without
the permission of the owner.
B.
If a vehicle is towed for any violation of New York State
law or Town local law and is not redeemed within 30 days, it will be sold
as an abandoned vehicle.
If an abandoned vehicle, as hereinbefore defined, at the time of abandonment
has no number plates affixed and is of a value of $750 or less, or the amount
authorized in § 1224 of the Vehicle and Traffic Law as amended from
time to time, title shall immediately vest in said Town. The aforesaid value
shall be determined by any duly authorized agent or employee for the Town.
A.
For vehicles having a value of over $750, the Zoning
Enforcement Officer of the Town of Riga shall make an inquiry concerning the
last registered owner of such vehicle with the jurisdiction which issued the
plates thereon or with the Department of Motor Vehicles where no plates were
affixed.
B.
The Zoning Enforcement Officer shall notify the last owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after 90 days from the date such notice was mailed. If the agency described in Subsection A also notifies such local authority that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle and any fine as prescribed by the Vehicle and Traffic Law of the State of New York or by the Town of Riga Code.
C.
Title to such abandoned vehicle, if unclaimed, shall
vest in the Town of Riga 90 days from the date such notice is mailed or, if
the last registered owner cannot be ascertained, when notice of such fact
is received.
D.
The Town shall determine if an abandoned vehicle is suitable
for operation on the public highways. If so, the vehicle shall be sold at
public auction to the highest bidder or converted to the Town's use in
accordance with § 1224 of the New York State Vehicle and Traffic
Law.
E.
If the Town determines that an abandoned vehicle is not
suitable for operation on the public highways, it may sell the vehicle privately
as it deems fit.
Any proceeds from the sale of an abandoned vehicle, less any expenses
incurred by the Town of Riga, shall be held by the Town, without interest,
for the benefit of the owner of such vehicle for a period of one year. If
not claimed within such one-year period, such proceeds shall be paid into
the general fund of the Town.
The last registered owner of an abandoned vehicle shall be presumed
to be the owner and be liable to the Town of Riga for the costs of removal
and storage of such vehicle, unless he shall present proof of present ownership
in another person. Removal and storage charges shall not exceed sums set by
the Town Board resolutions, as adopted from time to time.
A.
This Article shall be enforced by the Zoning Enforcement
Officer of the Town of Riga. The Zoning Enforcement Officer is hereby authorized
to cause removal of said vehicle or issue and serve an appearance ticket with
respect to a violation of this Article.
B.
Each and every violation of this Article shall constitute
a violation and shall be punishable by a fine not less than $250 and not more
than $1,000.
C.
In addition to the above-named penalty, the Town Board
of the Town of Riga may maintain an action or proceeding in the name of the
Town, in a court of competent jurisdiction, to compel compliance with or to
restrain by injunction the violation of this Article and to collect any other
incurred storage, towing or other costs.
Notices are to be given by personal service or by certified mail.
This Article may be used and enforced against any abandoned vehicle
already in the possession of the Town of Riga and any vehicle presently deemed
abandoned under the terms hereof.
