Village of Great Neck Plaza, NY Property, Abandoned

Includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, every class of road, square, place and municipal parking field used to any degree by the general public.

§ 162-2 Unlawful acts.

[Amended 1-20-2010 by L.L. No. 1-2010]

It shall be unlawful for any person, his agent or employee to leave or suffer to permit to be left any vehicle, cart, shopping cart, wagon, box, barrel, container, bale of merchandise or other movable object of any description whatsoever, either owned by him or in his possession, custody or control, upon any public place or upon any private property not owned or controlled by said person.

§ 162-3 Penalties for offenses.

[Amended 6-19-1996 by L.L. No. 4-1996; 1-20-2010 by L.L. No. 1-2010]

Any person violating any of the provisions of this chapter shall be punishable by a fine not exceeding $100 for each such offense. For purposes of this section, each item of property left in violation of § 162-2 shall constitute a separate offense. The above is in addition to any fees for the redemption of impounded property or costs of sale chargeable to an owner or person entitled to possession of impounded property as hereinafter provided.

§ 162-4 Removal and storage.

The Superintendent of Highways of the Village shall remove or cause to be removed any property, described in § 162-2 hereof, found upon any public place and shall take or cause the same to be taken to premises or property of the Village, where the same shall be held until redeemed or sold as hereinafter provided.

§ 162-5 Identification of owner.

[Amended 1-20-2010 by L.L. No. 1-2010]

Within 30 days of the effective date of this provision, every owner of any business within the Village which provides shopping carts for use by its customers shall cause each cart to be used by its customers to be affixed with a label which legibly and conspicuously contains the following information: the name and address of the owner; the name, telephone number and fax number of the party responsible for retrieval of the cart; and a notice stating that removal of the cart from the owner's premises is a violation of the Village Code. Each shopping cart not properly labeled shall constitute a separate violation for purposes of § 162-3.

Whenever the Village shall take and hold any property, including abandoned shopping carts, containing or having thereon an identification of the ownership or the right to possession thereof, notice by ordinary mail, telephone or fax shall be provided to such person advising the person that the property is held by the Village and advising of the amount necessary to redeem the same.

§ 162-6 Redemption of property; fees.

[Amended 1-20-2010 by L.L. No. 1-2010]

Except as set forth in Subsection B, any property covered by this chapter may be redeemed by the owner thereof at any time prior to the sale, dismantling or disposal thereof by tendering to the Clerk of the Village at the Village Hall, during regular business hours, the sum of $10, plus the sum of $1 per day for each day or part thereof in excess of two days that said property is held by the Village.

An abandoned shopping cart may be redeemed by the owner at any time prior to the sale, dismantling or disposal thereof by tendering to the Village Clerk at the Village Hall, during regular business hours, the sum of $50, plus the sum of $5 per day for each day or part thereof in excess of two days that said cart is held by the Village.

By resolution, the Village Board of Trustees is hereby authorized to increase the redemption fees set forth above in Subsections A and B up to the sum of $200, plus the sum of $20 per day for each day or part thereof in excess of two days that said property is held by the Village.

In addition to the above amounts, the person seeking to redeem any property covered by this chapter shall pay the cost of advertising the sale of said property if any has been incurred by the Village.

The Village Clerk shall require proof satisfactory to the Clerk of the ownership or right to possession by the person seeking the redemption or return of the property. Any return of property by the Clerk to a person pursuant hereto shall be an absolute defense to the Village and to the Clerk against any other person seeking or claiming to be entitled thereto.

§ 162-7 Unclaimed property; auction.

When any such property remains in the custody of the Superintendent of Highways, unclaimed and unredeemed for a period in excess of 15 days, thereafter the same may be sold by the Village at public auction. A public notice of at least five days shall be given that at a specified time and place said property will be sold at public auction. A general description in the public notice of the property to be offered for sale shall be sufficient. Such sale shall be conducted by the Clerk or by any other person designated and authorized by the Board of Trustees. Such property may be withdrawn at or prior to said sale and/or sold under such terms and conditions as such person may designate.

§ 162-8 Property unsold at auction.

In the event that said property shall remain unsold at public auction, the Village Clerk or other person designated may reoffer said property for sale at a subsequent public auction held pursuant to this chapter or may dismantle or otherwise sell or dispose of said article or property. Any such sale or other disposition of such article or property pursuant to this chapter shall be without liability on the part of the Village, the Village Clerk or other persons designated by the Board of Trustees, to the owner of such property or other person lawfully entitled thereto or having an interest therein.