[Amended 1-4-2016 by L.L. No. 8-2018]
In addition to any other penalties or fines imposed for the
violation of this chapter, the provisions of this section shall apply
to vehicles operated or parked on any public street, public highway,
any portion of the entire width between the boundary lines of any
way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel or on any property leased
by or in the possession and control of the Village of Cedarhurst in
violation of any provision of any local law, state law, rule or relation.
When any vehicle is parked or abandoned on any
highway or public parking lot within this Village during a snowstorm,
flood, fire or other public emergency which affects that portion of
the public highway or parking lot upon which said vehicle is parked
or abandoned, said vehicle may be removed by or under the direction
of the Commissioner of Public Works.
When any vehicle is found unattended on any
highway or public parking lot within the Village where said vehicle
constitutes an obstruction to traffic, said vehicle may be removed
by or under the direction of the Commissioner of Public Works.
Any vehicle which has three or more outstanding and unpaid parking
violations issued against them and which, after mailing to the registered
owner a final notice, are found operated or parked on any public street,
public highway, any portion of the entire width between the boundary
lines of any way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel or on any
property leased by or in the possession and control of the Village
of Cedarhurst, said vehicle may be removed or immobilized by or under
the direction of the Commissioner of Public Works.
A.Â
In the event of the removal of any vehicle as provided in this article,
the Commissioner of Public Works may store or cause such vehicle to
be stored in a suitable place at the expense of the owner. Such owner
of the vehicle may redeem the same upon payment.
B.Â
In addition to or in lieu of towing, any such vehicle may be immobilized
in such manner as to prevent its operation, except that no such vehicle
shall be immobilized by any means other than by the use of a device
or other mechanism which will cause no damage to such vehicle unless
it is moved while such device or mechanism is in place. In any case
involving immobilization of a vehicle pursuant to this subsection,
such Village agent or employee shall cause to be placed on such vehicle,
in a conspicuous manner, notice sufficient to warn any individual
to the effect that any attempt to move such vehicle might result in
damage to such vehicle.
C.Â
Within 24 hours after towing or immobilization, the Village Commissioner
of Public Works shall notify the owner of such vehicle of the fact
of its towing or immobilization, the place where it may be recovered
and the conditions under which it will be released or immobilized.
D.Â
Release of vehicle.
(1)Â
Before the owner or person in charge of any vehicle taken into
custody or immobilized as above provided shall be allowed to repossess
or to secure the release of said vehicle, the owner or his/her agent
shall pay the following:
(a)Â
All sums legally due for any Village of Cedarhurst parking violations
issued and outstanding against such vehicle.
(b)Â
To the Village of Cedarhurst, the cost of towing, immobilization
and removal of the immobilization device.
(c)Â
To the towing service, the cost of storage for each day or portion
of a day that such vehicle is so stored in excess of the first 24
hours.
(2)Â
No such vehicle shall be released until the owner or his agent
has established his identity and right to possession and signed a
proper receipt therefor.
E.Â
Any person who, after having had his vehicle towed or immobilized, shall remove such vehicle without complying with Subsection D(1) and (2), shall, in addition to the charges provided for in said subsection, be liable for any damage done to the immobilization device or mechanism and shall be subject to a fine of up to a maximum of $2,000.
F.Â
If an impounded vehicle has not been properly and lawfully released within 10 days after the Village Commissioner of Public Works notifies the owner of such vehicle of the impounding pursuant to Subsection C above, then such vehicle shall be deemed to be an abandoned motor vehicle.
(1)Â
The Village Commissioner of Public Works shall make an inquiry
concerning the last owner of such abandoned vehicle as follows:
(2)Â
The Village Commissioner of Public Works shall notify the last owner, if known, that the vehicle has been recovered as an abandoned vehicle and that, if it is not claimed, it will be sold at public auction, by bid, or the ownership of such vehicle may be transferred to the tow company in lieu of towing and storage charges after 10 days from the date of notice. If the agency notified as per Subsection F(1) above notifies the Village Commissioner of Public Works that a lien or other security interest exists, a notice will be promptly sent to the lienholder or party in interest. This notice shall be given in the manner presented by the Commissioner of Motor Vehicles. Any party claiming the abandoned vehicle shall be required to pay the amounts described in Subsection D(1) above.
(3)Â
If the Village Commissioner of Public Works determines that
an abandoned vehicle is not suitable for operation on the public highways,
it shall sell the vehicle or cause the vehicle to be delivered to
a vehicle dismantler or scrap processor who is registered or certified
pursuant to the Vehicle and Traffic Law § 415-a.
(4)Â
If the abandoned vehicle is not released by the owner or lienholder in accordance with Subsection D above, the Village may:
(a)Â
Sell the vehicle at auction and apply the proceeds as follows:
[1]Â
To the towing service, the cost of storage for
each day; then
[2]Â
The costs of towing incurred by the Village; then
[3]Â
All sums legally due the Village for parking violations
issued and outstanding against such vehicle and the impound administrative
fee; then
[4]Â
The remainder to the owner and any known lienholder.
(b)Â
Convert unclaimed vehicles to Village use.
[1]Â
The Village may convert in any calendar year up
to 1% of its unclaimed abandoned vehicles not affected by Subdivision
2 of § 1224 of the Vehicle and Traffic Law or two such vehicles,
whichever is greater, to its own use.
[2]Â
Any proceeds from the sale of an abandoned vehicle
less expenses incurred by the Village shall be held by the Village
without interest for the benefit of the owner of such vehicle for
a period of one year. If not claimed within such one-year period,
such proceeds shall be paid into the general fund of the Village.
G.Â
The last owner of an abandoned vehicle shall be liable to the Village
for the costs of removal and storage of such vehicle.