It is hereby determined by the Legislature of the County of
Albany that abandoned, junked, discarded, dismantled or partially
dismantled or inoperative motor vehicles not in condition for legal
use on highways, placed on private property, constitute a hazard to
the health, welfare, safety and a visual blight for the citizens of
Albany County. The Legislature of the County of Albany deem it proper
to provide for the acquisition and disposal of abandoned motor vehicles
by acting in its governmental capacity.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
A motor vehicle shall be deemed to be an abandoned vehicle
if left unattended:
A.
With no number plates affixed thereto, for more than six hours,
on any highway or other public place in the County of Albany;
B.
For more than 24 hours on any highway or other public place
except a portion of a highway or public place on which parking is
legally permitted;
C.
For more than 48 hours, after the parking of such vehicle shall
have become illegal, if left on a portion of a highway or public place
on which parking is legally permitted;
D.
For more than seven days on property of another if left initially
without permission of the owner;
E.
For more than seven days upon private property with no number
plates and not in condition for legal use upon the highways except
as permitted by license issued by authority of the Clerk of Legislature
of the County of Albany, or by local permit of a city, town or village
in the County of Albany, unless the same is necessary for the operation
of a business enterprise lawfully upon said premises.
No person shall cause any vehicle to be an abandoned vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
After the expiration of any period of time set forth in the definition of "abandoned vehicle" in §
288-2, any public officer or any other authorized agent of the County of Albany may serve notice upon the owner of such abandoned vehicle by posting a notice conspicuously on each abandoned vehicle.
Upon the expiration of a five-day period after posting of such
notice, the County of Albany may cause such abandoned vehicle to be
removed to a storage place designated by the Health Department of
the County of Albany and there held for three days.
With such three-day period, the owner or his/her agent may claim
such abandoned vehicle upon payment of the towing, removal and storage
charges therefor. Such owner or his/her agent shall immediately remove
such abandoned vehicle at his/her own expense to a storage place approved
by the Commissioner of Health.
Upon the expiration of such three-day period, no claim having
been made, ownership of such abandoned vehicle shall be deemed forfeited
and such vehicle may be sold by the County of Albany for disposal
as scrap. In the event of such sale, no charge shall be made against
the owner for towing, removal, storage or disposal of such abandoned
vehicle, and all monies realized from such sale shall belong to the
County of Albany and be deposited in the general fund.
This article shall take effect June 15, 1970.