[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.
