[HISTORY: Adopted by the Town Board of the Town of Cortlandt 7-6-1971
as L.L. No. 1-1971. Section 287-3C, F, G and H amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 291.
This chapter is adopted for the purpose of promoting the health, safety
and general welfare of the people of the Town of Cortlandt and others and
to eliminate an attractive nuisance to children which is a peril to their
safety and to remove blights on the town's landscape by providing for the
determination, notification, removal and disposal of abandoned motor vehicles
within the Town of Cortlandt, pursuant to and in accordance with the provisions
of § 1224 of the Vehicle and Traffic Law of the State of New York.
The need for this legislation is indicated by the ever increasing number
of abandoned cars in the Town of Cortlandt.
Pursuant to § 1224 of the Vehicle and Traffic Law of the State
of New York, the following procedure is hereby established for the determination,
notification, removal and disposal of any abandoned motor vehicles:
A.
The Building Inspector of the Town of Cortlandt shall,
after personal inspection of said motor vehicle which appears to be abandoned,
prepare a report of the result and file a copy of the result thereof in his
official Building Inspector's files, setting forth in detail the full description
and physical condition of the motor vehicle, license plate number, location
and date of inspection.
B.
A motor vehicle shall be deemed to be an abandoned vehicle
if left unattended:
(1)
With no number plates affixed thereto, for more than
six (6) hours on any highway or other public place.
(2)
For more than twenty-four (24) hours on any highway or
other public place, except a portion of a highway or public place on which
parking is legally permitted.
(3)
For more than forty-eight (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.
(4)
For more than seven (7) days on property of another if
left without permission of the owner.
C.
If an abandoned vehicle, at the time of abandonment,
has no number plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle, of seven hundred fifty dollars ($750.) or less,
title shall immediately vest in the Town of Cortlandt Building Inspector.
[Amended 8-17-1993 by L.L.
No. 2-1993]
D.
Except for vehicles governed by Subsection C above, the Building Inspector having custody of an abandoned vehicle shall make an inquiry concerning the last registered owner of such vehicle as follows:
E.
Such Building Inspector shall notify the last registered owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it may be sold at public auction after five (5) days from the date such notice was mailed. If the agency described in Subsection D(1) and (2) also notifies such Building Inspector that a lien or mortgage exists, such notice shall also be sent to the lien holder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle.
F.
Title to such abandoned vehicles, if unclaimed, shall
vest in such Town of Cortlandt ten (10) days from the date such notice is
mailed or, if the last registered owner cannot be ascertained, when notice
of such fact is received.
[Amended 8-17-1993 by L.L.
No. 2-1993]
G.
Any proceeds from the sale of an abandoned vehicle, less
any expenses incurred by the Town of Cortlandt, shall be held by said town
without interest for the benefit of the owner of such vehicle for a period
of one (1) year. If not claimed within such one-year period, such proceeds
shall be paid into the general fund of said town.
[Amended 8-17-1993 by L.L.
No. 2-1993]
H.
No person shall cause any vehicle to be an abandoned
vehicle. A violation of this subsection shall be punishable by a fine of not
less than two hundred fifty dollars ($250.) or up to fifteen days in jail
or by a civil penalty not exceeding one thousand dollars ($1,000.).
[Amended 8-17-1993 by L.L.
No. 2-1993]
I.
The last registered owner of an abandoned vehicle shall
be liable to the Town of Cortlandt for the costs and removal and storage of
such vehicle, if any.
J.
After complying with the notice provisions hereinabove
set forth, the Building Inspector, at no cost to the town, shall provide for
the removal and final disposition of the abandoned motor vehicle and is hereby
authorized to execute and deliver a release and hold harmless agreement to
the individual or corporation effectuating the removal and disposition of
said abandoned motor vehicle.
