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HomeMy WebLinkAboutLL 1967 #1 Junk Car Law I' J&HN P. LOMENZO • JOHN J. GHEZZI SECRETARY CIF STATE DEPUTY SECRETARY• d • ;;. 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 1\i\\ EL-90( 1/67) • ler 141 AAa+ eN 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 • • (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) • • (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. • *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. Nk\> • • (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,,,,,„,,-,,:„ r , 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.°! • • • • • • • • • 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 •