Local Law No. 4 of the year 2014

Transcription

1 Local Law No. 4 of the year 2014 SECTION 1: LEGISLATIVE INTENT Prohibiting the outdoor storage of JUNK Vehicles, unlicensed vehicles and waste materials and prohibiting the outdoor repair of vehicles in the Village of Bolivar. The accumulation, storage and abandonment of unusable junk motor vehicles and unlicensed vehicles, component arts thereof, and litter, trash refuse, debris, abandoned appliances and other materials on private and public property within the Village of Bolivar is hereby declared to be detrimental to the public health and welfare of the residents of the Village of Bolivar, aesthetically unattractive, and detracts from the enjoyment of the environment to said residents, tends to depreciate neighborhood property values and is an infringement on the enjoyment of their properties and homes by neighboring residents. The purpose of this Local Law is to prohibit the placement, storage, and/or abandonment of vehicles which, because of mechanical defects, and inoperable or unsightly. Placement of unlicensed vehicles is prohibited after thirty (30) days or per enforcement officer. In order to accord owners of vehicles which are damaged or inoperable a reasonable time to restore them to operating condition or to arrange for other disposition of them and in recognition of the fact that certain types of businesses necessitate the temporary parking of inoperable vehicles out of doors, the prohibition does not apply until the vehicle has been situated on the property for in excess of thirty (30) days. No tarps are allowed, nor, may a tarp be considered a garage. The further purpose of this law is to prohibit the placement or accumulation of vehicle parts, or junk, garbage, litter or waste materials of any kind out of doors on private or public property. A seven (7) day grace period is considered to be a reasonable time to allow for the removal and disposition of junk, litter, etc. The further purpose of this law is to prohibit the repair of vehicles out of doors when such repairs requires one (1) or more of the vehicle's wheels to be raised from the ground and supported by jack, jack stand, block, or other similar support. The prohibition does not apply unless the vehicles has been raised and supported for a period in excess of twenty-four (24) hours. SECTION 2: TERRITORY AFFECTED This Local Law shall be applicable to all territory within the Village Of Bolivar. SECTION 3: DEFINITIONS

2 As used in this Local Law the following terms hall have the meaning indicated. (A) Vehicle: (1) Any means of transport or conveyance having wheels originally designed and manufactured to be moved or propelled by any power other than muscular power; or (2) to be drawn or towed. A vehicle shall include but NOT LIMITED to, automobiles, trucks, trailers, motorcycles, motorbikes and buses. (B) Junk Vehicle: (1) Any vehicle which, for any reason, is incapable, without repair, of being moved or propelled by application of internal power, power (such as automobile, bus. truck, motorcycle, etc.) or in incapable without repair of being drawn or towed, if it is a vehicle (such as a trailer) originally designed to be towed or drawn from behind an internally powered vehicle; and (2) Any vehicle which, as judged by the standards of an ordinary able person as unsightly in appearance because of the existence of one or more conditions such as, but not limited to, the following: deterioration by rust of the body; deterioration of the exterior finish of the vehicle; broken windows; absence of component parts of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood, trunk, doors, tires, wheels, grille, roof, tailgate); physical damage (such as dents, cracks, scrapes, holes) to component parts of the vehicle; absence of interior components (such as seats, dashboard, interior door moldings, etc.); OR (3) Any Vehicle which is incapable of being moved or propelled, drawn, or towed without repair as provided in paragraph (B) (2) above, and has remained situate on any real property in excess of thirty (30) days. (C) Unlicensed Vehicle: (1) Any Vehicle which does not display a valid New York State license plate, requires no repairs, and is capable of being moved or propelled. Owner will be granted a reasonable amount of time by the Code Enforcement Officer to re-license and move the vehicle to a garage or to another indoor storage facility. An unlicensed vehicle shall include but not be limited to automobiles, trucks, trailers, buses, and seasonal automobiles. (2) Unlicensed camping trailers that have been on the property for a long period of time will fall under the discretion of the Code Enforcement Officer. (D) Junk: The term junk shall include, but shall not be limited to the following: parts of machinery or motor vehicles, stoves, refrigerators, washing machines, clothes dryers, and any other appliances stored in the open and not in operation order; tires which do not meet New

3 York State requirements for highway use and which serve no practical or current use; and remnants of wood metal or any other materials.. (E) Extensive Repair: Any repair which requires on (1) or more wheels of the vehicle to be raised from the ground or pavement and is supported by jack, jack stand, or other similar support for a period of more than twenty-four (24) hours. (F) Person or He: One or more individuals, being male or female, but the term he being used to describe both; a partnership, corporation, association or any other legal entity SECTION 4: STORAGE OF JUNK VEHICLES PROHIBITED No Person shall within the Village Of Bolivar deposit, place, store or abandon on any real property, or permit, cause or consent to be deposited, placed, stored or abandoned on real property owned or occupied as a tenant by any such person, a junk vehicle for a period of longer than thirty (30) days after receipt by such person of the notice prescribed in SECTION 7 unless such vehicle is completely enclosed in a garage or similar structure. This section shall not apply to the storage, placement, or deposit or abandonment of junk vehicles in junkyards as defined in and duly operating in accordance with section 136 of the General Municipal Law. SECTION 5: EXTENSIVE REPAIR OF VEHICLES OUT OF DOORS PROHIBITED No person shall, within the Village of Bolivar, perform an extensive repair on a vehicle unless such vehicle is completely enclosed in a garage or similar structure or in a fenced area of appropriate design and construction to prevent unauthorized access by the general public. SECTION 6: DEPOSIT OF LITTER AND WASTE MATERIALS PROHIBITED No person shall, within the Village of Bolivar, deposit, store, accumulate or abandon on any real property, or cause, consent or permit to be deposited, stored or accumulated or abandoned on any real property owned and occupied as a tenant, by such person outside of an enclosed structure or a securely covered garbage or trash container, any junk, rubbish, refuse or waste material of any kind, or parts and components of vehicles for a period of

4 longer than seven (7) days after the receipt by such person of the notice prescribed in SECTION 7. SECTION 7: NOTICE Following receipt by the Enforcement Officer of a written complaint alleging a violation of this Local Law, and after the Enforcement Officer has determined that a junk vehicle, unlicensed vehicle, or, that litter or waste material is stored, deposited, placed, or abandoned on a parcel of property, or that an extensive repair to a vehicle is being made out of doors, in violation of the provisions above, he shall send written notice thereof, by certified mail, return receipt requested, to the owner or occupant of the property, or to the owner of the vehicle, or to both such persons, as the cause may be (1) in reference to a junk vehicle, directing the removal of such vehicle within thirty (30) days after the receipt of such notice; (2) in reference to litter or waste materials, directing the removal of such litter or waste materials within eight (8) days after receipt of such notice; and (3) in reference to an extensive repair to a motor vehicle being made out of doors, directing the abatement of such violating condition within twenty-four (24) hours after the receipt of such notice. If the violation persists after such time for removal or correction expires, the Village Justice for the Village of Bolivar shall issue a summons for the violator to appear in the Village Justice Court to answer for such violation. SECTION 8: PRESUMPTION There shall be a presumption that a person who has been cited by the Enforcement officer with such notice as prescribed by SECTION 7 has, in reference to junk vehicles and junk stored, deposited, or placed or abandoned or caused, consented or permitted the deposit, storage, abandonment or placement of said junk vehicles or litter and waste as described in said notice or, in reference to an extensive repair to a motor vehicle made out of doors, has repaired, or has caused, consented or permitted the repair, of said vehicle as described in said notice. There shall be a presumption that the service of the notice is complete upon mailing of the notice to the owner or occupant of the property. SECTION 9: ENFORCEMENT OFFICER This Local Law may be enforced by any constable or Peace Officer of the Village Of Bolivar, Code Enforcement Officer of the Village Of Bolivar, or any applicable Law Enforcement agency, following the receipt of a written complaint alleging a violation of this Local Law. SECTION 10: MANNER OF ENFORCEMENT

5 (A) A violator of this Local Law shall be guilty of a violation and shall be punishable by a fine not exceeding One Hundred Dollars ($100.00) per day or by imprisonment for not more than fifteen (15) days, or both. Each Day of the violation shall constitute a separate offense. (B) In addition to the enforcement in a criminal proceeding by fine or imprisonment, this Local Law may be enforced by instituting a special proceeding s authorized by article 4 of the Civil Practice Law and Rule to compel compliance with the provisions of this Local Law or to restrain by injunction any violation thereof or to obtain any other appropriate relief. (C) A civil penalty of One Hundred Dollars ($100.00) per day is hereby imposed each day's violation of this Local Law which penalty may be collected in any judgement rendered in a proceeding under paragraph (B) or in a separate civil action.