[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 5-12-1980 by L.L No. 4-1980. Amendments noted where applicable.]
A motor vehicle, including a motorcycle, shall be deemed to be an unclaimed vehicle if, having been lawfully impounded by the Village, it has not been claimed for more than 48 hours after such vehicle has been impounded by the Village, but shall not include any vehicle which under the New York State Vehicle and Traffic Law is defined as "abandoned" or is stolen or unclaimed unless the Commissioner of Motor Vehicles has declined to take possession of the motor vehicle.
If an unclaimed vehicle has not been claimed 48 hours after impounding and is of a wholesale value of $250 or less, taking into consideration the condition of the vehicle, title shall immediately vest in the Village and the Village Board of Trustees shall be authorized to sell such vehicle upon such terms and conditions as the Village Board of Trustees shall, by resolution, determine.
Except for vehicles governed by § 176-2, the Village shall make an inquiry concerning the last owner of an unclaimed vehicle. Such inquiry shall initially be made to the jurisdiction which issued the number plates affixed to the vehicle, and the Police Department shall notify the last owner, if known, that the vehicle in question has been recovered as an unclaimed vehicle and that, if the vehicle remains in that status, it will be sold at public auction after 10 days from the date that such notice was given. If the agency which issued the plates described above also notifies the Village Board that a lien or mortgage exists, such notice shall also be sent to the lien holder or mortgagee. Notice shall be given by certified mail, return receipt requested. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle. If no one claims such vehicle, the last owner of an unclaimed vehicle shall be liable to the Village for the costs of removal and storage of such vehicle.
Ownership of such unclaimed vehicles shall vest in the Village 10 days from the date the notice required in § 176-3 is given, or, if the last owner cannot be ascertained, when notice of that fact is received.
If the Village shall determine that an unclaimed vehicle is suitable for operation on the public highways, the vehicle shall be sold at public auction to the highest bidder or converted to its own use. In addition, the Village Board may convert in any calendar year the greater of 1% of its unclaimed abandoned vehicles or two such vehicles to its own use. For purposes of this chapter, the term "unclaimed abandoned vehicles" shall mean those vehicles which are abandoned and continue to be unclaimed within the meaning of § 1224 of the New York State Vehicle and Traffic Law.
If the Village Board determines that an unclaimed vehicle is not suitable for operation on the public highways, it shall remove and destroy the vehicle identification number plate and sell the vehicle to a vehicle dismantler or scrap processor registered or certified pursuant to § 415-a of the New York State Vehicle and Traffic Law. An unclaimed vehicle without a vehicle number plate must be sold only to a vehicle dismantler or a scrap processor registered or certified pursuant to § 415-a of the New York State Vehicle and Traffic Law. Nothing contained herein shall be construed to prevent the Village Board from applying for a replacement vehicle identification number plate.