§ 1224 — Abandoned vehicles

§ 1224. Abandoned vehicles. 1. A motor vehicle shall be deemed to be\nan abandoned vehicle if left unattended\n (a) with no number plates affixed thereto, for more than six hours on\nany highway or other public place;\n (b) for more than twenty-four hours on any highway or other public\nplace, except a portion of a highway or public place on which parking is\nlegally permitted;\n (c) for more than forty-eight hours, after the parking of such vehicle\nshall have become illegal, if left on a portion of a highway or public\nplace on which parking is legally permitted;\n (d) for more than ninety-six hours on property of another if left\nwithout permission of the owner.\n 2. If an abandoned vehicle, at the time of abandonment, has no number\nplates affixed and is of a wholesale value, taking into consideration\nthe condition of the vehicle, of two thousand two hundred fifty dollars\nor less, ownership shall immediately vest in the local authority having\njurisdiction thereof and title to the vehicle shall vest in accordance\nwith applicable law and regulations of the commissioner, provided\nhowever that a local authority shall not be required to obtain title to\nan abandoned vehicle that is subject to the provisions of this\nsubdivision if the vehicle will be sold or otherwise disposed of as junk\nor salvage, dismantled for use other than as a motor vehicle, or\notherwise destroyed.\n 3. (a) Except for vehicles governed by subdivision two, a local\nauthority having custody of an abandoned vehicle shall make an inquiry\nconcerning the last owner of such vehicle as follows:\n (i) abandoned vehicle with number plates affixed--to the jurisdiction\nwhich issued such number plates;\n (ii) abandoned vehicle with no number plates affixed--the department\nof motor vehicles.\n (b) Such local authority shall notify the last owner, if known, that\nthe vehicle in question has been recovered as an abandoned vehicle and\nthat, if unclaimed, it will be sold at public auction or by bid after\nten days from the date such notice was given. If the agency described in\nparagraph (a) also notifies such local authority that a lien or mortgage\nexists such notice shall also be sent to the lienholder or mortgagee.\nThe commissioner shall prescribe the methods of giving notice. Any\nperson claiming such vehicle shall be required to pay the costs of\nremoval and storage of such vehicle.\n (c) Ownership of such abandoned vehicles, if unclaimed, shall vest in\nsuch local authority ten days from the date such notice is given; or if\nthe last owner cannot be ascertained, when notice of such fact is\nreceived.\n 4. For the purposes of this section, a local authority entitled to\ncustody of an abandoned vehicle shall be the town in which the vehicle\nwas abandoned, or if abandoned in a city or village, the city or village\nin which the vehicle was abandoned, except that if a vehicle is\nabandoned on property of the New York state thruway authority or\nproperty under the jurisdiction of the office of parks, recreation and\nhistoric preservation, the department of transportation, or a public\nauthority or commission, such authority, office, department or\ncommission shall be entitled to the custody of such vehicle.\nNotwithstanding any provision of this section to the contrary, the\noffice of general services shall be entitled to the custody of any\nvehicle abandoned on state property subsequent to its sale by such\noffice. The commissioner may, by regulation, provide that a county may\nact as the agent for a local authority for the purpose of removing and\ndisposing of abandoned vehicles.\n 5. (a) Such local authority shall determine if an abandoned vehicle is\nsuitable for operation on the public highways. If so, the vehicle shall\nbe sold at public auction to the highest bidder or converted pursuant to\nsubdivision six of this section.\n (b) If such local authority determines that an abandoned vehicle is\nnot suitable for operation on the public highways, it shall sell the\nvehicle to a vehicle dismantler or scrap processor registered or\ncertified pursuant to section four hundred fifteen-a of this chapter or\nto a vehicle dismantler or scrap processor who does not have a place of\nbusiness in this state but who conforms to the laws and regulations of\nthe state in which he has a place of business.\n (c) An abandoned vehicle without a vehicle identification number plate\nmust be sold only to a vehicle dismantler or a scrap processor\nregistered or certified pursuant to section four hundred fifteen-a of\nthis chapter or to a vehicle dismantler or scrap processor who does not\nhave a place of business in this state but who conforms to the laws and\nregulations of the state in which he has a place of business. Nothing\ncontained herein shall be construed as preventing a local authority from\napplying for a replacement vehicle identification number plate.\n 6. (a) A local authority, if authorized by local law, may convert to\nits own use those abandoned vehicles not affected by subdivision two of\nthis section or may, by sale or gift, transfer title to any of such\nvehicles to any other municipal corporation for use by its law\nenforcement agency, provided however, the total number of vehicles\nconverted and/or transferred in any calendar year may not exceed one\npercent of the local authority's unclaimed abandoned vehicles not\naffected by subdivision two of this section or two such vehicles,\nwhichever is greater.\n (b) Any proceeds from the sale of an abandoned vehicle less any\nexpenses incurred by such local authority shall be held by the local\nauthority without interest, for the benefit of the owner of such vehicle\nfor a period of one year. If not claimed within such one year period,\nsuch proceeds shall be paid into the general fund of such local\nauthority.\n 7. (a) No person shall cause any vehicle to be an abandoned vehicle.\nThere shall be a rebuttable presumption that the owner of an abandoned\nvehicle caused such vehicle to be abandoned. A violation of this\nsubdivision shall be punishable by a fine of not less than two hundred\nfifty dollars nor more than one thousand dollars. In a city having a\npopulation of one million or more, a violation of this subdivision shall\nin addition be punishable by a civil penalty of not less than two\nhundred fifty dollars nor more than one thousand dollars.\n (b) Notwithstanding any other provision of law, in addition to those\npersons otherwise authorized to enforce this subdivision and adjudicate\nviolations thereof, this subdivision shall also be enforceable in a city\nhaving a population of one million or more by an agency or agencies\ndesignated for such purpose by the mayor of such city, and notices of\nviolation may be returnable to the environmental control board of such\ncity, which shall have the power to impose the civil penalties herein\nprovided. Notwithstanding any other provision of law, service of a\nnotice of violation for a violation of this subdivision committed in\nsuch city may be made upon an owner by first class mail, postage\nprepaid, and any such notice served by mail shall be returnable only to\nsuch environmental control board. Such service by first class mail shall\nbe deemed complete upon mailing of the notice of violation, unless the\nnotice of violation is returned to the sender by the United States\npostal service for any reason other than refusal of delivery. In\naddition, any notice of violation for a violation of this subdivision\nmay be served by a means prescribed in article three of the civil\npractice law and rules or article three of the business corporation law.\nNotwithstanding any other provision of law, such civil penalties imposed\nby such environmental control board shall be paid into the general fund\nof such city. Notwithstanding section one hundred fifty-five of this\nchapter or any other provision of law, where a person has been\nadjudicated by such environmental control board to be in violation of\nthis subdivision, such adjudication shall not have the force and effect\nof a conviction of a traffic infraction or of a violation of any\nprovision of this chapter for any purpose not specified in this\nsubdivision.\n (c) Any final order issued pursuant to this subdivision by an\nenvironmental control board of a city having a population of one million\nor more shall constitute a judgment which may be entered in any place\nprovided for the entry of civil judgments within the state, and may be\nenforced without court proceedings in the same manner as the enforcement\nof money judgments entered in civil actions; provided, however, that no\nsuch judgment shall be entered that exceeds the sum of ten thousand\ndollars for each respondent. Notwithstanding the preceding sentence,\nbefore a judgment based upon a default may be so entered, such\nenvironmental control board must have notified the respondent by first\nclass mail in such form as such environmental control board may direct:\n(1) of the default decision and order and the penalty imposed; (2) that\na judgment will be entered in any place provided for the entry of civil\njudgments in the state; and (3) that entry of such judgment may be\navoided by requesting a stay of default for good cause shown and either\nrequesting a hearing or entering a plea pursuant to the rules of such\nenvironmental control board within thirty days of the mailing of such\nnotice. No judgment based upon a default may be so entered by the\nenvironmental control board within less than sixty days from the\ncompletion of service by mail of the notice of violation as provided in\nparagraph (b) of this subdivision. Any requirement of any provision of\nlaw other than this subdivision that relates to the manner of service of\nthe notice of violation that precedes any final order of such\nenvironmental control board shall not apply to a final order issued\npursuant to this subdivision. A judgment entered pursuant to this\nparagraph shall remain in full force and effect for eight years.\n (d) Notwithstanding any other provision of this chapter, where the\nenvironmental control board of a city having a population of one million\nor more has adjudicated any person to be in violation of this\nsubdivision and the civil penalty therefor is not paid, such\nenvironmental control board shall notify the commissioner of motor\nvehicles of the judgment, who shall suspend any license of such person\nto operate a motor vehicle in this state, or, if such person is\nunlicensed, such person's privilege of obtaining a license issued by the\ncommissioner, or, if such person is a non-resident, such person's\nprivilege of operating a motor vehicle in this state, pending payment of\nsuch civil penalty. The procedures set forth in the first paragraph of\nsubdivision seven of section five hundred ten of this chapter shall be\napplicable to a suspension pursuant to this paragraph.\n (e) For purposes of this subdivision only, the term "owner" means any\nperson, corporation, partnership, firm, agency, association, lessor or\norganization who at the time of the issuance of a notice of violation\nfor a violation of this subdivision:\n (i) is the beneficial or equitable owner of the abandoned vehicle; or\n (ii) has title to such vehicle; or\n (iii) is the registrant or co-registrant of such vehicle registered\nwith the department of motor vehicles of this state or any other state,\nterritory, district, province, nation or other jurisdiction; or\n (iv) uses such vehicle in its renting and/or leasing business; or\n (v) is an owner of such vehicle as defined by section one hundred\ntwenty-eight of this chapter or subdivision (a) of section twenty-one\nhundred one of this chapter.\n 9. The last owner of an abandoned vehicle shall be liable to such\nlocal authority for the costs of removal and storage of such vehicle.\n 10. The commissioner shall prescribe by regulation such forms and\nprocedures necessary or desirable to effectuate the provisions of this\nsection. Such regulations may include procedures for the removal and\ndisposition of vehicle identification numbers of abandoned vehicles and\nforms for local records for abandoned vehicles and inquiries relating to\nownership of such vehicles.\n