Chapter 235, Vehicles Abandoned

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Chapter 235, Vehicles Abandoned

GENERAL REFERENCES

Vehicles and traffic -- See Ch. 239.

Zoning -- See Ch. 250.

Chapter 235, Vehicles, Abandoned

§ 235-1. Findings.

It is hereby determined by the Village Board of Trustees of the Village of Ilion that uninspected, unregistered, stored, abandoned, junked, discarded, dismantled (in whole or in part) or inoperative motor vehicles not in condition for legal use on the highways, placed or situated on private property, constitute a hazard to the health, safety and general welfare of the citizens of the Village of Ilion New York.

§ 235-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED -- A vehicle whenever it is not properly inspected for highway use, without proper registration plates for a period of over six (6) months or is dismantled in whole or in part so as to make it not operational for highway use.

JUNK VEHICLE -- Any vehicle designed for operation by any power other than by muscular power, but which shall include a boat and trailer, lacking a current registration plate, valid inspection sticker (if required) and which has been abandoned, junked, stored, discarded, dismantled (in whole or in part) or is in a rusted or wrecked condition and is not in condition for legal use upon the highways of the State of New York.

STORE -- To leave, park or abandon a junk vehicle, uninspected vehicle, unregistered vehicle, wrecked vehicle, dismantled vehicle, parts of dismantled vehicles or a vehicle not in condition for highway use on property or premises of yourself or others within the Village of Ilion.

STORED -- A vehicle whenever it is parked, abandoned, left or kept on any premises outside of a structured building without the proper inspection and registration and registration plates attached.

§ 235-3. Storage and parking limited.

A It shall be unlawful to park, store or leave in the open or to abandon a junk, inoperative vehicle upon private property for a period of more than ninety-six (96) hours except as permitted by license issued pursuant to the provisions of § 136 of the General Municipal Law, unless the same is necessary for the operation of a business enterprise lawfully upon said premises.

B It shall be unlawful to store any unregistered and/or uninspected vehicle on private property that is not operational for highway use for a period of more than ninety-six (96) hours.

C It shall be unlawful to store more than one (1) unregistered vehicle that is in a condition for operation on the public highways on any one (1) private premises within the Village of Ilion for a period of over six (6) months.

D It shall be unlawful to abandon, store or discard any vehicle or vehicle parts on private property whenever said vehicles or parts are not in an operational condition for operation on the public highways.

E It shall be unlawful to abandon on private property any vehicle in violation of § 1224 of the Vehicle and Traffic Law.

F It shall be unlawful for the owner of any premises within the Village of Ilion to permit or allow any vehicle to be abandoned, junked, parked or stored on any premises in violation of this chapter.

§ 235-4. Complaints; notices of violation.

A Whenever a violation of this chapter shall appear to exist, any person may file a complaint with the Village Clerk, Ilion Police Department or Codes Enforcement Officer, in writing, and the Village Clerk, Codes Enforcement Officer or police officer shall promptly investigate any such complaint.

B The Codes Enforcement Officer(s) and the police officers of the Village of Ilion hereby have authority to investigate all violations of this chapter prohibiting the abandonment of vehicles and restricting the disposition or keeping of wrecked, nonoperational, discarded or stored vehicles on private property within the Village of Ilion without receiving any written complaint thereon.

C If, after investigation as aforesaid, the police officer or Codes Enforcement Officer shall determine that a violation exists, he may issue and serve an appearance ticket for any and all flagrant violations of this chapter whenever the premises owner is a resident of the premises or whenever the owner of the vehicle is determined by investigation.

D Whenever it is determined that the owner of any abandoned vehicle, junked vehicle, discarded vehicle, dismantled vehicle or vehicle in a nonoperational condition cannot be located, it is the responsibility of the landowner to remove the violation or correct the situation and they will be so cited after a ninety-six-hour tag is affixed to the vehicle with a notation that it is in violation of the village law. A written certified letter must also be sent to the listed owner of said premises as is listed with the Village Clerk's office of the Village of Ilion at the time the ninety-six-hour tag is placed on said vehicle, with a return receipt requested. In all cases the landowner shall receive notification if he is located within the Village of Ilion before an appearance ticket is issued. A single notification shall be sufficient for any number of violations.

E Upon the expiration of ten (10) days after notice, as aforesaid, the village police officers or Codes Enforcement Officer may cause process to issue, returnable in any court of competent jurisdiction, alleging a violation of this chapter.

F It shall be a complete defense to any prosecution under the provisions of this chapter that the alleged violation was terminated in all those cases where a ninety-six-hour tag was placed on the vehicle or vehicles and the violation ceased within said ninety-six (96) hours of said notice as provided herein.

G It shall be a complete defense to any prosecution under the provisions of this chapter where the alleged violation was corrected or terminated in those situations where a certified letter was sent to an absent landowner.

§ 235-5. Penalties for offenses.

A Any person, association or corporation committing or permitting any act or acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense punishable by a fine of no less than fifty dollars ($50.) and no more than two hundred fifty dollars ($250.).

B Each week a violation continues shall constitute a separate and distinct offense.

C In addition to the above-provided penalties and punishment, the Village Board may maintain an action or proceeding in the name of the village in a court of competent jurisdiction