§ 1-05.2 Procedures for Abandoned Vehicles.
RCNY § 1-05.2
(a)Definitions. For the purposes of this section, the following terms have the following meanings: Abandoned vehicle. The term “abandoned vehicle” means a motor vehicle as described in subdivision 2 of section 1224 of the New York State Vehicle and Traffic Law. Interested party. The term “interested party” means any lienholder or other person with a legal claim or security interest in an abandoned vehicle. Owner. The term “owner” means a registered owner, including a lessor, of an abandoned vehicle.
(b)Notice.
(1)After the Department removes an abandoned vehicle bearing a vehicle identification number or other information that may be used to ascertain an owner or interested party, other than a motor vehicle license plate, the Department shall use best efforts to ascertain the name and address of any such owner or interested party of such vehicle.
(2)The Department shall notify any owner or interested party the Department ascertains pursuant to paragraph (1) of this subdivision that the Department has determined that the vehicle is abandoned pursuant to subdivision 2 of section 1224 of the New York State Vehicle and Traffic Law, that the Department has removed the abandoned vehicle, and that such vehicle is held in storage. The Department shall provide such notice by certified mail, return receipt requested; provided that the Department may send such notice by email to any such owner or interested party who has authorized the Department to provide such notice by email.
(3)Notice pursuant to this subdivision shall include: (i) a brief description of the abandoned vehicle; (ii) the date of removal; (iii) instructions on how an owner or interested party may redeem the vehicle in accordance with subdivision (d) of this section; (iv) the applicable rates for towing and the rate per day for storage as set forth in subdivision (f) of this section; (v) instructions on how to request a hearing, in accordance with subdivision (e) of this section, to challenge the removal of such vehicle by the Department and/or the imposition or amount of any towing or storage fees; (vi) examples of documents to submit to the Department to demonstrate that an owner or interested party is entitled to redeem such vehicle; and (vii) a statement of the Department’s right to have such vehicle dismantled, destroyed, or otherwise disposed of, unless, within 10 calendar days after the date on which such notice is sent, an owner or interested party presents proof to the Department establishing lawful entitlement to possession of such vehicle and pays applicable fees in accordance with paragraph (2) of subdivision (d) of this section, or requests a hearing in accordance with paragraph (1) of subdivision (e) of this section.
(c)An owner or interested party of an abandoned vehicle removed by the Department may: (i) redeem such vehicle pursuant to subdivision (d) of this section, or (ii) within 10 calendar days of the date the Department sends notice pursuant to subdivision (b) of this section, challenge the removal of such vehicle and/or the imposition or amount of any fees imposed pursuant to subdivision (e) of this section.
(d)Procedure for Redemption of Vehicle.
(4)Upon acceptance of payment of applicable towing and storage fees pursuant to subparagraph (ii) of paragraph (2) or paragraph (3) of this subdivision, the Department shall notify the owner or interested party lawfully entitled to possession of the vehicle, in writing, of the location of the vehicle and provide written instructions regarding how such owner or interested party may obtain possession of such vehicle. Such notification shall state: that the vehicle must be removed within 2 business days of such notification; that the failure to remove such vehicle within such time period may result in the imposition of additional storage fees; and that the failure to remove such vehicle within 10 calendar days of such notification may result in the dismantling, destruction, or disposal of such vehicle.
(5)If such owner or interested party lawfully entitled to possession of the vehicle does not remove such vehicle within 10 calendar days of the notification provided pursuant to paragraph (4) of this subdivision, the Department may dismantle, destroy, or otherwise dispose of such vehicle pursuant to section 1224 of the New York State Vehicle and Traffic Law.
(e)Procedure to Challenge the Removal of a Vehicle and/or Fees Imposed.
(6)The Department’s Legal Division shall review any testimony or evidence submitted at such hearing and, within 5 business days of such hearing, the Department shall issue a hearing determination and provide a copy of such determination to any owner or interested party who attended the hearing by email. Such determination shall be a final hearing determination.
(7)Upon a finding in a final hearing determination that removal of an abandoned vehicle was proper and that an owner or interested party is lawfully entitled to redeem possession of such vehicle, such owner or interested party may redeem such vehicle in accordance with paragraphs (3) and (4) of subdivision (d) of this section.
(8)(i) Upon a finding in a final hearing determination that an owner or interested party is lawfully entitled to redeem possession of such vehicle without payment of any towing or storage fees, such determination shall state, in writing, the location of the vehicle, and shall include written instructions regarding how such owner or interested party may obtain possession of such vehicle. Such final hearing determination shall further state: that the vehicle must be removed within 2 business days of the issuance of such determination; that the failure to remove such vehicle within such time period may result in the imposition of additional storage fees; and that the failure to remove such vehicle within 10 calendar days may result in the dismantling, destruction, or disposal of such vehicle.
(ii)If such an owner or interested party does not remove such vehicle within 10 calendar days of a final hearing determination issued pursuant to this paragraph, the Department may dismantle, destroy, or otherwise dispose of such vehicle pursuant to section 1224 of the New York State Vehicle and Traffic Law.
(f)Applicable Towing and Storage Fees.
