A.
It is hereby determined by this Common Council that
abandoned, junked, discarded, dismantled (in whole or in part) or
inoperative motor vehicles not in condition for legal use on the highways,
placed on private property, constitute a hazard to the health, welfare
and safety of the citizens of the City of Albany and constitute a
"public nuisance" as defined by law.
B.
A "junk vehicle" is defined as any vehicle designed
for operation by any power other than muscular power, but including
a trailer, lacking a current registration plate and which has been
abandoned, junked, discarded, dismantled (in whole or in part) or
is in a rusted or wrecked condition or which is not in condition for
legal use upon the highways.
It shall be unlawful to park, store or leave
in the open or to abandon a junk vehicle upon private property for
a period of more than one week except as permitted by license pursuant
to § 136 of the General Municipal Law as enacted by Chapter
1040 of the Laws of 1965, unless the same is necessary for the operation
of a business enterprise lawfully upon said premises.
After the expiration of such one-week period,
any police officer or other authorized officer of the City of Albany
may serve written notice upon the owner of such private property to
remove or shelter such junk vehicle or, in the alternative, have such
junk vehicle removed by municipal authorities. Such notice shall be
served personally on such land owner or, if the owner cannot be found,
by sending a certified or registered letter to the owner of record
of the real property as designated upon the assessment rolls of the
City; a single notice shall be sufficient for any number of such vehicles
on one parcel of property. In addition thereto, a notice shall be
posted conspicuously on each junk vehicle on such property.
Upon the expiration of a ten-day period after
such notice, the Police Department shall cause such junk vehicle to
be removed to the police garage area or to such other area as may
be designated by the Police Department and there held for 10 days.
Within such ten-day period, the owner or his
agent may claim such junk vehicle upon payment of the towing or removal
charges therefor. Such owner or his agent shall immediately remove
such junk vehicle at his own expense to a legal storage space.
Upon the expiration of such ten-day period,
no claim having been made, ownership of such junk vehicle shall be
deemed forfeited, and such car may be sold by the City to the highest
bidder 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 junk vehicle, and all moneys realized from such sale shall
belong to the City and be deposited in the general fund. If no bids
shall be received, the City may dispose of said junk vehicle in any
manner deemed advisable.
