§ 104-03 Disposal of Contraband Materials.
RCNY § 104-03
(a)Scope.
(1)This section sets forth standards, requirements and procedures for the destruction or other disposition of any article, device, or equipment, the manufacture, storage, handling, use transportation, possession or sale of which is prohibited by the Fire Code or the rules, or which is manufactured, stored, handled, used, transported, possessed or sold in violation thereof.
(2)Nothing in this section shall be construed to define or limit the Department's discretion to seize contraband materials, or to define or limit the Department's discretion to arrange for the removal of contraband materials, by their owner or other person lawfully entitled to their possession, from the premises or location where such contraband materials are found.
(b)Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein: Notice of disposal. A written notice advising owners of contraband material or other interested parties of the final opportunity to reclaim such material. Notice of seizure. A written notice advising the owner of contraband material of its seizure and of the procedures for reclaiming it.
(c)Opportunity to Reclaim Contraband Material. Except as otherwise provided in 3 RCNY § 104-03(c)(1) and (2), the Department will afford any owner of contraband material, or other person lawfully entitled to its possession, an opportunity to reclaim such material, provided that it is reclaimed in accordance with the procedures set forth in this section.
(d)Procedures for Disposal of Contraband Material. Contraband material shall be disposed of in accordance with the procedures set forth in this subdivision.
(3)Failure to timely reclaim. Owners and other persons lawfully entitled to possession of a contraband material who fail to timely reclaim the contraband material shall be deemed to have abandoned any right, title or interest they may have in the contraband material, and to have no objection to the Department's disposal of the contraband material in such manner as the Department deems appropriate.
(4)Location for reclaiming. Owners reclaiming contraband material shall retrieve such material from the Department's storage facility or other place designated by the Department for such retrieval.
(5)Qualifications of persons handling and transporting. Contraband materials reclaimed by their owners shall be handled and transported only by persons possessing the requisite qualifications (such as a certificate of fitness) where such qualifications are required by law or rule, and shall be transported only in motor vehicles that comply with federal, state and city rules and regulations.
(6)Indemnification. An owner reclaiming contraband material shall provide a sworn affidavit representing that he or she owns or is lawfully entitled to possession of the material and will indemnify The City of New York, its agencies, officials, employees and agents, from any and all claims, suits, damages and expenses arising from claims of ownership to the reclaimed materials.
(7)Fees. The fee for removal and storage of contraband material shall be as set forth in FC A04.1(6). No removal or storage fee shall be charged where it is determined by the Department or a court of competent jurisdiction that the contraband material had not been unlawfully manufactured, stored, handled, used, transported, possessed or sold.
(e)Department Disposal of Contraband Materials. The Department may dispose of contraband materials which are not reclaimed in accordance with the procedures set forth in 3 RCNY § 104-02(d) in such manner as the Department deems appropriate, including but not limited to removal by a contract vendor retained by the Department for this purpose.
