It is the intent of this article to provide a clean, wholesome,
attractive environment for all Village residents and to protect them
from unwarranted invasions of their material rights. The open storage
of junk vehicles and parts thereof is a hazard to the health and safety
of residents and necessitates regulation and elimination of such conditions.
[Adopted 7-2-1990 by L.L.
No. 3-1990 (Secs. 8 1/4-83 through 8 1/4-87
of the 1969 Code)]
[Amended 9-3-1996 by L.L.
No. 4-1996; 11-1-2005 by L.L. No. 2-2005]
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle whose possession by its registered owner
or title holder has escaped the corporeal possession, control or dominion
of said registered owner or title holder, or where the registered
owner or title holder of a motor vehicle has evinced an intent to
relinquish ownership of a motor vehicle or has failed to recover a
motor vehicle, or where the ownership of a motor vehicle cannot be
determined by a reasonable and due inquiry.
Any business or going concern engaged in the activity of repairing motor vehicles, or parts thereof, that is duly registered as a motor vehicle repair station with the New York State Department of Motor Vehicles, or a wrecker, as defined in § 143-10A of the Code.
As used in this article, any person, natural or legal, who
is:
Registered with the New York State Department of Motor Vehicles
as a motor vehicle dealer; or
Otherwise engaged in the business or going concern of buying,
selling, exchanging or dealing in motor vehicles, whether such activity
is wholesale or retail, where such person buys, sells, exchanges or
deals, or offers to buy, sell, exchange or deal, in more than two
motor vehicles in a calendar year.
Any motor vehicle, that:
Is not currently registered with the New York State Department
of Motor Vehicles, where such registration of said motor vehicle is
required for its lawful operation, pursuant to the New York State
Vehicle and Traffic Law (V&TL) or the New York State Parks, Recreation
and Historic Preservation Law (PR&HPL). Excepted from this provision
are those motor vehicles in the possession of dealers, as defined
herein; or
Has not been inspected by a duly authorized New York State Department
of Motor Vehicles inspection station for a period in excess of 30
days, where such inspection of said motor vehicle is required for
its lawful operation, pursuant to the New York State Vehicle and Traffic
Law (V&TL) or the New York State Parks, Recreation and Historic
Preservation Law (PR&HPL). Excepted from this provision are those
motor vehicles in the possession of dealers, as defined herein; or
Has been abandoned, as defined under the definition of "abandoned
vehicle" herein.
Every motor vehicle operated or driven, or otherwise capable
of being operated or driven upon a highway or waterway, by any power
other than muscular power, or any trailer or apparatus related to
such motor vehicle, whether or not powered by other than muscular
power. For the purposes of this article, "motor vehicle" shall include
all:
Automobiles;
Motorcycles;
Omnibuses;
All-terrain vehicles;
Boats;
Personal watercraft;
Snowmobiles;
Motor homes;
House trailers;
Tractors;
Self-propelled combines;
Self-propelled corn harvesting machines;
Self-propelled hay harvesting machines; and
Self-propelled tracked vehicles.
Such aforesaid vehicles shall be considered "motor vehicles"
for the purposes of this article without regard to whether any said
motor vehicle:
Is intended by its owner to be operated upon the highways or
waterways of the State of New York;
Is required to be registered with the New York State Department
of Motor Vehicles;
Is solely intended for recreational use;
Is intended solely for use upon areas other than the highways
within the State of New York; or
Is used exclusively for agricultural purposes.
A motor vehicle, as defined herein, where the same is offered
for sale upon premises, as defined herein, other than those owned
by a commercial garage or dealer, as defined herein, and where the
owner of property of said premises and the owner of motor vehicle
are one and the same person, as defined herein.
The storage or depositing, or otherwise permitting the storage
or depositing, of an abandoned vehicle or junk vehicle by any owner
of said motor vehicle or owner of property, where such property is
located within the limits of the Village of Homer, New York, when
such vehicle is or has been an abandoned vehicle or junk vehicle,
as defined herein, when such vehicle is not otherwise completely enclosed
in a structure that is in conformance with the Building Code provisions
contained in the Code, excepting:
A person, as defined herein, having a pecuniary interest
in, registration of or title to a motor vehicle, as defined herein.
This shall also include any person, as defined herein, who is entitled
to use or possess a motor vehicle, as defined in this section, subject
to the security interest in another, and shall include lessees and
bailees.
Any person, as defined herein, who is the owner, contract
purchaser, tenant, lessee, occupant, sublessee, receiver or assignee
of premises or realty located within the Village of Homer, New York.
Any natural person, corporation, limited-liability company,
limited-liability partnership, partnership, unincorporated association
or organization, excepting any governmental entity within the Village
of Homer, New York.
Includes all parcels of real property located within the
Village of Homer, New York.
[Amended 11-1-2005 by L.L. No. 2-2005]
A.
A person is guilty of open storage when, being the owner of a motor
vehicle, as defined herein, or the owner of property, as defined herein,
such person permits, allows or suffers an abandoned vehicle or junk
vehicle to be openly stored on premises within the limits of the Village
of Homer. Such prohibition is without regard to whether said abandoned
vehicle or junk vehicle can be viewed from any vantage point of the
premises.
B.
Exception is herein made for a motor vehicle for sale, as defined in § 143-5 herein, subject to the following limitations:
(1)
A person having a motor vehicle for sale is limited to one such motor
vehicle for sale at any given time;
(2)
Under no circumstances may any premises have more than two such motor
vehicles for sale in a calendar year;
(3)
A motor vehicle for sale shall not be parked in or upon front yards
or green spaces, driveways excepted; and
(4)
A motor vehicle for sale shall not be so displayed for sale in excess
of 15 days.
[Amended 11-1-2005 by L.L. No. 2-2005]
A.
The Code Enforcement Officer, pursuant to his investigative police
powers, or upon complaint, may investigate any allegation of open
storage of an abandoned vehicle or junk vehicle within the limits
of the Village of Homer.
B.
Where the Code Enforcement Officer has reason to suspect that there is a violation of § 143-6 of this Code, he shall issue a notice of violation with an order to correct within 15 days from the receipt of said notice and order, by certified mail, return receipt requested, to both the registered owner or title holder of the abandoned vehicle or junk vehicle and the owner of property. Prior to the expiration of the fifteen-day notice period, the registered owner or title holder of the abandoned vehicle or junk vehicle and the owner of property, where such are not one and the same person, may cure such violation by removal of the offending abandoned vehicle or junk vehicle.
C.
Where the violation is not cured within the fifteen-day notice period,
the Village, through the Code Enforcement Officer, will notify the
registered owner or title holder of the abandoned vehicle or junk
vehicle and the owner of the property, where such are not one and
the same person, to appear before the next regularly scheduled meeting
of the Village Board of Trustees to give cause why such remediation
of violation has not been effected, said Village Board of Trustees
may:
D.
Notice; form.
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NOTICE OF VIOLATION OF OPEN STORAGE STATUTE
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FROM: Code Enforcement Officer, Village of Homer, New York
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To: __________
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Name of registered owner or title holder of the
abandoned vehicle or junk vehicle
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__________
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Name of owner of property
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The Code Enforcement Officer, in and for the Village of Homer, New York, accuses the above named persons of being in violation of the Code of the Village of Homer, New York, § 143-6.
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A person is guilty of open storage when, being the owner of motor vehicle, as defined by the Code of the Village of Homer, New York, § 143-5, or the owner of property, as defined by the Code of the Village of Homer, New York, § 143-5, such person, or persons, permits, allows or suffers the open storage of an abandoned vehicle or junk vehicle within the limits of the Village of Homer: to wit,
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On or about the _____ (day) day of _____ (month), 200 _____ (yr.), the above named individuals, being the __________ (owner of motor vehicle or the owner of property) did knowingly and openly store a __________ (description of motor vehicle) on or about the premises located at __________ (address of alleged open storage), said property being premises, as defined by the Code of the Village of Homer, New York, § 143-5.
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Code Enforcement Officer
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To the above-named individuals, you are directed to appear before the next regularly scheduled meeting of the Homer Village Board of Trustees, _____ (day) day of __________ (month), 20_____ (year), at 5:30 p.m., in the Village Hall, 31 North Main Street, Homer, New York, to give cause why such remediation of violation has not been effected. The Village Board of Trustees, upon hearing of the accused, may 1) dismiss said violation, where it is satisfied that no violation has actually occurred or the same has been satisfactorily remediated; 2) grant a single fifteen-day period to permit remediation of the alleged violation; or 3) refer this matter to the Village Prosecutor for action in a court of competent jurisdiction to enforce the penalties as stated in § 143-8 of the Code of the Village of Homer, New York. You are permitted to be accompanied by counsel, if you so desire.
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A.
Noncompliance with any provision of this article shall be deemed
a violation, and any person found guilty thereof shall be liable for
a fine not to exceed $250 and/or imprisonment for not more than 15
days. Each continuing day of violation will be deemed a separate offense.
B.
Any violation of this article may also be enjoined pursuant to law.
C.
The penalties and enforcement powers provided for herein shall be
cumulative and shall be in addition to any other penalties or powers
provided by law.
To the extent that any of the provisions of this article conflict
with any other provisions of the Code of the Village of Homer, it
is the legislative intent that the provisions of this article be deemed
to supersede any conflicting provisions.