[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 6-2-1975 by L.L. No. 2-1975 (Ch. 99 of the 1981 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 109, Fees.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes natural persons, corporations, partnerships, associations
and all other parties capable of being sued.
Includes a street, avenue, road, alley, land, highway, waterway,
boulevard, concourse, driveway, culvert, crosswalk, every class of road, square,
place and municipal parking field or any other property under the ownership
or control of a municipality and used to any degree by the general public.
[Amended 4-5-1976 by L.L.
No. 1-1976]
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,
in or upon any public place.
The Superintendent of Public Works of the Village shall remove or cause to be removed any property described in § 164-2 hereof found in or 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.
Whenever the Superintendent of Public Works shall take and hold any
such property containing or having thereon an identification of the ownership
or the right to possession thereof, a notice shall be sent to such person
by ordinary mail, advising the person that the property is held by the Superintendent
of Public Works and advising of the amount necessary to redeem the same.
Such property 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 Office during regular business hours, the sum set forth in Chapter 109, Fees. In addition, the person seeking to redeem the property 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 establishing his interest in the ownership 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.
When any such property remains in the custody of the Superintendent
of Public Works 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
the said property will be sold at public auction. A general description shall
be sufficient. Such sale shall be conducted by the Clerk or by any other person
designated and authorized by the Board of Trustees, and the proceeds thereof
shall be deposited to the credit of the general fund. Such property may be
withdrawn at or prior to said sale and/or sold under such terms and conditions
as such person may designate.
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 the 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.[1]
