2006 New York Code - Impoundment And Forfeiture.

 
    §  16-131.4  Impoundment and forfeiture. a. Any equipment, vehicles or
  other personal property that has been used or is being used  to  violate
  the  provisions  of section 16-130, 16-131, 16-131.2 or 16-131.3 of this
  chapter or article one hundred fifty-seven of the New York  city  health
  code  may  be impounded by the department pending forfeiture pursuant to
  the provisions of  this  section.  Such  equipment,  vehicles  or  other
  personal property shall be released by the end of the following business
  day  unless  the  department ascertains either (i) that the owner of the
  premises upon which the equipment, vehicles or other  personal  property
  has  been or is being used has not obtained a permit required by section
  16-130 of this chapter, (ii) that the owner has  been  convicted  of  or
  found  liable  for  a  violation  of section 16-130, 16-131, 16-131.2 or
  16-131.3 of this chapter, or article one hundred fifty-seven of the  New
  York  city health code, in a civil or criminal judicial proceeding or in
  a proceeding  before  an  agency  of  competent  jurisdiction  and  such
  violation was committed within eighteen months prior to the violation of
  law  for  which  such equipment, vehicles or other personal property was
  impounded, or (iii) that the  alleged  violation  of  such  sections  or
  article  for  which  such equipment, vehicles or other personal property
  was   impounded   involves   the    unlawful    handling,    processing,
  transportation,  disposal  or  storage  of  a  material  identified as a
  hazardous waste or an acute hazardous waste in  regulations  promulgated
  pursuant to section 27-0903 of the environmental conservation law.
    b.  Notice  of  impoundment  and  intended  forfeiture shall be served
  together with the notice of the violation of law  for  which  equipment,
  vehicles  or  other  personal  property was impounded. Such notice shall
  contain notice of the right to request a hearing before  the  department
  with  respect  to whether there is reasonable cause to believe that such
  equipment, vehicles or  other  personal  property  will  be  subject  to
  forfeiture;  a  hearing  shall be provided within three business days of
  such request, and a determination shall be rendered within four business
  days of the conclusion of such hearing. The hearing officer shall submit
  recommended  findings  of  fact  and  a  recommended  decision  to   the
  commissioner,  who  shall  make the final findings of fact and the final
  determination.  If  the  commissioner  determines  that  there  is   not
  reasonable  cause  to  believe  that  such  equipment, vehicles or other
  personal property will be subject to forfeiture,  the  department  shall
  release  such  equipment,  vehicles  or  other personal property, and no
  charges or fees shall be imposed as a condition of such release. If  the
  commissioner  determines  that there is reasonable cause to believe that
  such equipment, vehicles or other personal property will be  subject  to
  forfeiture,  the department may retain such equipment, vehicles or other
  personal property pending forfeiture pursuant to the provisions of  this
  section.  If  after  adjudication of the violation of law for which such
  equipment, vehicles or other personal property was impounded  the  court
  or  agency  of competent jurisdiction finds the respondent not guilty of
  or not liable for such violation,  such  equipment,  vehicles  or  other
  personal  property  shall  be released forthwith, and no charges or fees
  shall be imposed as a condition of such release. If  after  adjudication
  of  such violation of law, the court or agency of competent jurisdiction
  finds the respondent guilty of or liable for such violation,  then  upon
  demand  of  the  respondent  the  department  shall  either release such
  equipment, vehicles or other  personal  property  upon  payment  of  all
  outstanding  fines  and civil penalties, and removal charges and storage
  fees, or commence a  forfeiture  proceeding  pursuant  to  this  section
  within ten days after such demand.
    c.  In  addition  to any other penalties provided in this section, the
  interest of an owner  in  any  equipment,  vehicles  or  other  personal


  property  impounded  pursuant  to subdivision a of this section shall be
  subject to forfeiture upon notice and judicial determination thereof  if
  such  owner  either  (i)  has  not obtained a permit required by section
  16-130  of  this chapter and has been convicted of or found liable for a
  violation of section 16-130,  16-131,  16-131.2,  or  16-131.3  of  this
  chapter,  or article one hundred fifty-seven of the New York city health
  code, in a civil or criminal judicial  proceeding  or  in  a  proceeding
  before  an  agency of competent jurisdiction, (ii) has been convicted of
  or found liable for a  violation  of  one  of  such  sections,  or  such
  article,  two  or more times, in a civil or criminal judicial proceeding
  or in a proceeding before such agency, both  of  which  violations  were
  committed  within  an eighteen month period, or (iii) has been convicted
  of or found liable for a violation of  one  of  such  sections  or  such
  article  in  a  civil or criminal judicial proceeding or in a proceeding
  before such agency where such violation involved the unlawful  handling,
  processing, transportation, disposal or storage of a material identified
  as  a  hazardous  waste  or  an  acute  hazardous  waste  in regulations
  promulgated  pursuant  to   section   27-0903   of   the   environmental
  conservation law.
    d.  Except  as hereinafter provided, the city agency having custody of
  equipment,  vehicles  or  other  personal   property,   after   judicial
  determination of forfeiture, shall no sooner than thirty days after such
  determination  upon  a notice of at least five days, sell such forfeited
  equipment, vehicles or other personal property at public sale,  provided
  that  no  sooner  than  thirty  days  after  judicial  determination  of
  forfeiture or the date  of  final  determination  of  a  claim  asserted
  pursuant  to  this subdivision, whichever is later, the city may instead
  convert such equipment, vehicles or other personal property to  its  own
  use.  Any  person,  other  than  an  owner  whose  interest is forfeited
  pursuant to this section,  who  establishes  a  right  of  ownership  in
  equipment,  vehicles  or  other  personal  property,  including  a  part
  ownership or security interest, shall be entitled  to  delivery  of  the
  equipment, vehicles or other personal property if such person:
    1.  redeems  the ownership interest which was subject to forfeiture by
  payment to the city of the value thereof; and
    2. pays the reasonable expenses of  the  safekeeping  of  the  vehicle
  between the time of seizure and such redemption; and
    3.  asserts a claim within thirty days after judicial determination of
  forfeiture. Notwithstanding the foregoing provisions establishment of  a
  claim  shall not entitle such person to delivery if the city establishes
  that the activity in violation of law for which the equipment,  vehicles
  or  other  property  was  seized was expressly or impliedly permitted by
  such person.
    e. For purposes of this section, "owner" means a person, other than  a
  holder  of  a  security  interest,  having  the  property in or title to
  equipment, vehicles  or  other  personal  property,  including  but  not
  limited  to  a  person  entitled  to  use  and  possession of equipment,
  vehicles or other personal property subject to a  security  interest  in
  another  person  and also includes any lessee or bailee having exclusive
  use thereof.