[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 9-12-1955 by L.L. No. 1-1955. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a natural person of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert and crosswalk, and every class of road,
square or place, used by the general public.
It shall be unlawful for any person, his agent
or employee to leave or to suffer or permit to be left any vehicle,
cart, wagon, box, barrel, bale of merchandise or other movable property,
either owned by him or in his possession, custody or control, upon
any street, sidewalk or municipal parking field or to erect or cause
to be erected thereon any shed, building or other obstruction.
It shall be deemed a violation of this chapter
if a motor vehicle remains parked for a period in excess of 24 hours.
The Superintendent of Public Works of the Village
shall remove or cause to be removed any vehicle, cart, wagon, box,
barrel, bale of merchandise or other movable property found upon any
street, sidewalk or municipal parking field, and shall take the same,
or cause the same to be taken, to property or premises of the Village
where the same shall be held until redeemed or sold as hereinafter
provided.
Any person violating any of the provisions of
this chapter shall be liable for and forfeit and pay a penalty of
$10 for each violation, and it is further ordained and enacted that
the violations of any provisions of this chapter shall constitute
disorderly conduct and the person so violating the same shall be and
is hereby declared a disorderly person. This is in addition to any
fees for redemption of impounded property or costs of sale chargeable
to an owner or person entitled to possession of impounded property
as hereinafter provided.
The Superintendent of Public Works shall notify
in writing the Nassau County Police Department and the Commissioner
of Motor Vehicles of the removal of any motor vehicle as hereinabove
provided, and in the event that the Commissioner of Motor Vehicles
declines to accept custody of such motor vehicle, in accordance with
§ 60 of the Vehicle and Traffic Law,[1] the same shall be disposed of as herein provided.
[1]
Editor's Note: See now § 424 of the Vehicle and
Traffic Law.
Whenever the Superintendent of Public Works
shall receive any property containing identification of ownership
or right to possession, a notice shall be sent by ordinary mail to
such person advising that such property is held by the Superintendent,
and advising the amount necessary to redeem.
Such property may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof and shall be entitled to receive such property upon tendering,
in the case of a vehicle, the sum of $10 plus the sum of $1 per day
commencing the third day after the vehicle is removed to the date
of redemption, and for all other property, the sum of $5. In addition,
the person seeking to redeem shall be required to pay the cost of
advertising the sale thereof, if any. No property shall be delivered
to a person seeking to redeem unless proof establishing to the satisfaction
of the Superintendent of Public Works such person's ownership or right
to possession is submitted. Any delivery to a person apparently entitled
thereto shall be a good defense to the Village against any other person
claiming to be entitled thereto, but if the person to whom delivery
is made is in fact not entitled thereto, the person to whom the same
ought to have been made shall recover the same with interest and costs
from the person to whom the same shall have been delivered.
Where any such property remains in the custody
of the Superintendent of Public Works for a period of 15 days after
removal and with respect to which no person has presented to the Superintendent
of Public Works proof establishing to the Superintendent's satisfaction
such person's ownership or right to possession as hereinabove stated,
the Superintendent of Public Works shall give public notice in the
official newspaper of the Village advising that at a specified place
and time, not less than five days after such notice is published,
such property will be sold at public auction for the best price he
can obtain. A general description in such notice of the property to
be sold shall be sufficient. Said sale shall be conducted by the Superintendent
of Public Works or by any employee of his department designated by
him or by an auctioneer designated by the Superintendent of Public
Works.
In the event that said property shall remain
unsold at public auction, the Superintendent of Public Works may reoffer
said property for sale at a subsequent public auction held pursuant
to this chapter, or he may dismantle, destroy or otherwise sell or
dispose of such property. Any such sale or other disposition of such
property pursuant to this chapter shall be without liability on the
part of the Village to the owner of such property or other person
lawfully entitled thereto or having an interest therein.
Immediately after property is redeemed, the
Superintendent of Public Works shall pay over to the Treasurer of
the Village the amount received for redemption, costs and expenses
of the article redeemed, together with an itemized statement thereof.
Immediately after a sale or other disposition of such property, the
Superintendent of Public Works shall pay over to the Treasurer the
proceeds of sale or other disposition of such property with an itemized
statement of the article sold, the price received and the costs and
expenses of sale, and the Treasurer shall retain and credit the general
fund with so much of the proceeds as equals the costs and expenses
of such sale, plus the sum of $10 for each motor vehicle sold, and
$5 for such other article sold to cover the cost of removing and storing
the property. The remainder of the moneys realized from such sales
shall be paid without interest to the lawful owner thereof.
The provisions of this chapter shall not apply
to any property which may come into the possession or custody of the
Nassau County Police Department, which is retained by the Police Department
and not delivered to the custody of the Superintendent of Public Works.
This chapter shall take effect immediately.
