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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/040.