Commissioner. "Commissioner" shall mean the Commissioner of Sanitation of the City of New York, or his or her designee.
Department. "Department" shall mean the Department of Sanitation of the City of New York.
Claimant. "Claimant" shall mean any person who submits a claim pursuant to these Rules.
Forfeited Vehicle. "Forfeited Vehicle" shall mean any vehicle as to which a judgment of forfeiture pursuant to § 16-119 has been entered by a court of competent jurisdiction.
Ownership Interest. "Ownership Interest" shall mean any legal interest, including a security interest, in any personal property.
Person. "Person" shall mean a natural person, or an organization.
Security Interest. "Security Interest" shall mean an interest as provided for in § 1-201 of the New York Uniform Commercial Code.
Vehicle. "Vehicle" shall mean every device in, upon, or by which any person or property is or may be transported or drawn.
Upon notification by the Office of the Corporation Counsel of the City of New York that a judgment has been entered providing for the forfeiture of a vehicle pursuant to § 16-119, the Department shall request from the New York State Department of Motor Vehicles ("DMV"), the names and addresses of all persons possessing an ownership or security interest in the forfeited vehicle.
(a) Upon receipt of such information, the Department shall promptly give notice to each person identified by DMV as possessing a security interest in the forfeited vehicle that such vehicle has been judicially declared forfeit, and consequently that such vehicle is subject to sale by the Department. Such Notice of Anticipated Sale shall set forth or annex documentation indicating the following:
(1) The caption, court and index number of the action in which the judgment of forfeiture was entered;
(2) A description of the forfeited vehicle;
(3) A list of all persons identified by DMV as possessing an ownership or security interest in the forfeited vehicle;
(4) A statement advising such person of his or her right to submit a claim for the delivery of the forfeited vehicle subject to the provisions of § 16-119 and these Rules and of his or her right to request a hearing on such claim, and that such claim and any request for a hearing must be submitted to the Department within forty-five (45) days of the date of mailing of the Notice of Anticipated Sale;
(5) A conspicuous warning that failure to timely act to protect their interest may result in the loss of the ownership interest in the forfeited vehicle;
(6) The date of mailing of the Notice of Anticipated Sale.
(b) The Department shall not be required to send such Notice of Anticipated Sale to any person whose rights were adjudicated forfeited in the action or proceeding in which the judgment of forfeiture was entered, or to any person not identified by DMV as possessing an ownership or security interest in the vehicle.
(a) Any person with an ownership interest in a forfeited vehicle must submit a claim to the Department in accordance with this section to preserve such interest. Failure to submit a claim, or failure to submit a claim within the time allowed for such claims, shall constitute an abandonment of the vehicle and any ownership interest which such person may have in the forfeited vehicle.
(b) A claim for the delivery of a forfeited vehicle must be received by the Office of General Counsel of the Department no later than forty-five (45) days after the date of mailing of the Notice of Anticipated Sale.
(c) Each claim must include:
(1) A completed financial disclosure statement in a form prescribed by the Department, which shall identify and document the claimant's ownership interest in the vehicle; the ownership interest in the vehicle of the party found guilty of or liable for illegal dumping; and the relationship between the claimant and such party.
(2) A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives or predecessors in interest, permitted or had knowledge of the use of the forfeited vehicle for illegal dumping;
(3) A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives, have ever been convicted of or found liable for illegal dumping.
(4) A statement indicating whether the claimant requests or waives a hearing on the claim.
(d) The Department may require that a claimant submit further information or documentation. The claimant shall respond to such requests within thirty (30) days of the date of mailing of the request.
(e) All statements submitted by a claimant shall be duly sworn and notarized.
(f) Failure or refusal to timely submit any required information or documentation shall cause the claim to be deemed abandoned and withdrawn.
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