HomeMy WebLinkAboutLL 1967 #1 Junk Car Law I'
J&HN P. LOMENZO • JOHN J. GHEZZI
SECRETARY CIF STATE DEPUTY SECRETARY• d
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;;. p ; DANIEL J. MEAGHER, JR.
11 . DEPUTY SECRETARY
r-4. MORTON ABRAHAMS
DEPUTY SECRETARY
F. WILLIAM GUMA
STATE OF NEW YORK DEPUTY SECRETARY • COUNSEL
DEPARTMENT OF STATE GERALD GARTENBERG
ADMINISTRATIVE OFFICER
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12225
January 16, 1967
Dorothy J. Roberts, Town Clerk
47 Bald Hill Road
R.D. #1
Spencer, New York
Dear gtxXX Madame:
Please be advised that Local Law No. 1
of 1967 of the Town of Danby
was received and filed on January 16, 1967
We enclose herewith additional forms for the filing
of local laws for your future use.
Very truly yours,
JOHN P. LOMENZO
Secretary of State
By: • 4: 7 ///
Thomas W. Wallace, Director
Election and Law Bureau
cc: State Comptroller
Division of Municipal Affairs
SEB:db
Enclosures
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EL-90( 1/67)
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STATE OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
ARTHUR LEVITT
STATE COMPTROLLER IN REPLYING REFER TO
January 26, 1967
Dorothy J. Roberts, Town Clerk
47 Bald Hill Road
R. D, # 1
Spencer, New York
Dear Madam
I hereby acknowledge receipt as of January 26, 1967
of certified copy of Local Law No. 1
of 1967 for the Town of Denby
which copy is being filed in this office.
Very truly yours,
T. Stewart Hubbard
Senior Attorney
TSH:Bml
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(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not
use italics for new matter.
6;rt3' of DANBY
Town
ifija rang
Local Law No. I of the year 19-67
A local lawaIN OF DANBY JUNK CAR LAW
(Insert title)
Be it enacted by the TOWN BOPP.D of the
(Name of Legislative Body)
X b tty.
F axyX of DANDY as follows:
Town
KEYeX
r ,
prof additional space is needed, please attach sheets of the same size as this and number each)
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
(Final adoption by local legislative body only.)
1. I hereby certify that the local law annexed hereto,designated as local law No. I of 197
of the of DANBY was duly passed by TOWN BOARD
Town
r � (Name of Legislative Body)
on January 5, 19 67 in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2. 1 hereby certify that the local law annexed hereto, designated as local law No. of 19
County
City
of the Town of was duly passed by
(Name of Legislative Body)
Village
not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
3. I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly passed by the
Town (Name of Legislative Body)
Village not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer
on 19 . Such local law was submitted to the people by reason of a
mandatory referendum and received the affirmative ,ote of a majority of the 'qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly passed by the on
Town (Name of Legislative Body)
Village not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer
19 . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 , in accordance with the applicable provisions of law.
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*Elective Chief Executive Officer means or includes the chief executive officer of a county elected
on a county-wide basis or if there be none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
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(City local law concerning Charter revision proposed by petition.)
5. I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to the
provisions of §36 of the Municipal Home Rule Law and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on the
general
19 became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragr It,/ I above.
Clerk of th oard oi/ upervisors, City,Town or Village Clerk or Officer
delignated by Local Legislative Body
Date: January 129 196'7
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
(Title of Officer)
County
City of
Town
Village
Dated:
...„„_,
/wr ,
. i) f /c1‘ -") cAuf70(4,,,,,„,,-,,:„
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BE AND ENACTED BY THE TOWN BOARD of the Town of Denby as follows:
Town of Denby Junk Car Law
Statement of legislative purpose: :
§1 This local ; law is enacted in recognition of the fact that junk
cars "abandoned or stored on private property can constitute both a
public and private nuisance. . They area source of potential hurt
to children and others who may find them-.;an .attract ve, nuisance.
They are replete .with.broken. glass, , sharp torn metal edges and points,
gasoline remaining in .tanks of a highly explosive and combustible nature
and hurtful acid in .batteries, to mention. but .a few of the more obvious
sources of potential: physical •hurt found on these junk cars. -.Besides
this, these junk cars ,constitute a blight on the tomes landscape;
they destroy the aesthetic qualities of the town and they are generally
otherwise unsightly. Their existence tends to depreciate not only
the property on which they are located but also the property of other
persons in the neighborhood and town generally. They constitute the .
town a less safe and less pleasant .place in which to live and to do
business. ,They hurt the welfare of; ,the town as a whold., •.The intent
of this local law i
town clerk of the town unless the town board by resolution designates
some other town officer as enforcement officer or by resolution
establishes the position of enforcement officer for the town and appoints
some qualified person thereto at a salary specified .in such resolution.
(C) The term "person" shall mean and include any individual
person or persons, firm, partnership, corporation whether business,
membership, religious, charitable or otherwise, any association or
other unit or entity 'owning real property in the. Town of Danby outside
any u. 11age therein. ,
§•3 Removal Procedure. (a) Any junk car, as defined by section 1 herein
above, may be removed from the premises on which it is located by the
Town of Denby in the manner hereinafter provided.
(b) The enforcement officer upon detecting a junk car shall
serve written notice on 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 thirty days of the date of such
se rvice." Such notice shall also contain a description of the premises,
a statement as to the location thereon of a junk ears: reference to this
local law and to the fact that the location of such junk car on such
premises, is in .violation of this local law. If such premises are
owned by more than one person, personal service on any one of such
owners shall <suffice, however, as to any owner not personally served
with such notice, or if no owner can be located upon whom to make
personal service, the enforcement officer shall mail such notice to
owners not personally served, or to the owner and to all the owners,
if no ,owner was personally. served;tf. $y, registered` mail to their or his
last known address as shown on the : `latest completed assessment roll of
the town. ' In addition, such enforcement officer shall post conspicuous-
ly a copy of such notice on the premises upon which such junk car is
located.
(c) Atrthe expiration of thirty days after the service or mailing
and ,posting of such notice if such.'junk ,car has not been;removed,, the
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 shall be entered , in the, official•
minutes of the town, board by the town clerk and any- such photographs
shall be. filed, in, the town clerk' s office. The town board shall there-
after -hold, a public hearing on ten days' prior notice published,.in the
official newspaper- of the town, if there be one, ' otherwise in a news-
paper having, general circulation in the town,,. and posted£ on the sign -
board of the town maintained pursuant to §30 (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.
(d) 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 soy 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.
§4 This local law shall take effect; thirty days after filing 'same as
required by . law.°!
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STATE OF NEW YORK
II I I
DEPARTMENT OF MOTOR VEHICLES
qi& ; THE SOUTH MALL
VINCENT L.TOFANY ALBANY, NEW YORK 12228
COMMISSIONER
April 25, 1973
OPEN LETTER TO ALL LOCAL GOVERNMENT EXECUTIVES
The Vehicle and Traffic Law has been amended to provide for the licensing of
all automotive junk and_-salvage operators._as -"vehicle dismantlers".---The law-defines -
a vehicle dismantler as "Any person engaged in the business of buying motor vehicles
or trailers for the purpose of dismantling the same for parts or reselling such
vehicles as scrap".
The Department is attempting to notify all such operators through several junk
dealer associations. We do not know how successful this line of ,:ommunication will
be since not all of them are members of the associations.
The Vehicle and Traffic Law will also now provide for regulations for vehicle
rebuilders. They are defined as "any person engaged in the business of purchasing
junk and salvage vehicles or parts of junk and salvage vehicles (which are, or could
be, titled in this state)". Vehicle rebuilders will be required to maintain a
registry book showing the acquisition and disposition of all such vehicles or parts
of vehicles.
You can help us by contacting all automotive junk and salvage operators and
vehicle rebuilders in your jurisdiction. Please tell them that the requirements
for both are effective August 23, 1973. They can obtain all information from
the Dealer Section of the nearest Department of Motor Vehicles District Office.
I realize some individuals will have been notified before you contact them,
but this double contact is necessary to insure all operators have an equal oppor-
tunity to comply with the law.
I appreciate your cooperation in this program. Please contact me if you have
any questions or comments.
VINCENT L. TOFANY
Commissioner
71- 477- ,Zg •5--/V/ 77
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