§ 16-128 Removal of encumbrances from streets.
AC § 16-128
a.
1.The commissioner shall remove or cause to be removed any vehicle, box, barrel, bale of merchandise, or other movable property or article or thing whatsoever found upon any street, in accordance with regulations adopted by the commissioner.
2.If a vehicle found upon any street is identified as abandoned by the department or reported as abandoned to the department via the 311 customer service center, any other agency, or any official notification received by the department, including any electronic mail sent to the department by a council member or community board, the commissioner shall: (a) Within 24 hours of the department making such identification or receiving such report, determine if such vehicle is an abandoned vehicle described by subdivision 2 of section 1224 of the vehicle and traffic law; and (b) Within 72 hours of the department making such identification or receiving such report, remove or cause to be removed such vehicle from such street, provided that such vehicle is an abandoned vehicle described by subdivision 2 of section 1224 of the vehicle and traffic law and the vehicle identification number of such vehicle is not ascertainable by such department. b. Notwithstanding any other provision of this section, the department shall be responsible for the removal of any abandoned vehicle described by subdivision 2 of section 1224 of the vehicle and traffic law from any street. c. The commissioner shall adopt rules relating to: 1. The leasing of yards for storage of property removed under the authority of this section; 2. Notification to the owner of the property removed, if such owner is ascertainable, that the property is being held by the commissioner; 3. Redemption, by the owner, of the property removed; 4. Reimbursement, by the owner, of the expenses of removal incurred by the commissioner; 5. The sale, by the commissioner, of the property held by the commissioner; 6. The keeping of records and accounts, the transmission of such records to the comptroller, and the transmission of funds collected to the commissioner of finance; and 7. Such other rules as the commissioner may deem necessary to carry out the provisions of this section. (Am. L.L. 2025/094, 7/30/2025, eff. 11/27/2025; Am. L.L. 2025/100, 7/30/2025, eff. 11/27/2025)
