Sec. 18.4. Vesting of title and notice to owner and lienholders  


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  • (a) If an inquiry is required under section 18.3 of this Part and the identity of the owner is ascertained, section 1224 of the Vehicle and Traffic Law requires the local authority to send a notice to such owner and to every lienholder made known to the local authority by the State licensing authority, before ownership may be acquired by the local authority. If such vehicle is unclaimed, ownership shall vest in such local authority 10 days from the date such notices are given, unless otherwise provided by law. The required notice shall be sent by registered or certified mail, return receipt requested, and shall be in the form prescribed in subdivision (d) of this section. Cities having a population of over one million may give the required notices by telephone or in person.
    (b) If an inquiry is required under section 18.3 of this Part, and the identity of the owner cannot be ascertained, ownership of the vehicle shall vest in the local authority without any additional notice being required, when notice of such fact is received.
    (c) If an inquiry is not required under section 18.3 of this Part, ownership of the vehicle shall vest in the local authority immediately.
    (d) Forms of notice.
    (1) To owner.
    NAME AND ADDRESS
    of
    LOCAL AUTHORITY
    Mr. John Doe
    10 Any Street
    Anytown, New York 10000
    Date of Letter
    Vehicle Plate No.
    Year and Make
    Vehicle Identification Number
    Dear Sir(Madam):
    The abandoned vehicle described above was removed by ______ (county, city, town, village) after being left unattended. You may claim this vehicle until ______ (ten days from above date) by appearing at ______.
    However, whether you claim the vehicle or not, you must pay the cost of its removal and storage.
    Unless you claim the vehicle by the date listed in the preceding paragraph, (county, city, town or village) will acquire ownership of the vehicle. It will then be sold. Sale, removal and storage costs will be paid from the proceeds of the sale. If those charges exceed the proceeds of the sale, you must pay the difference. If the sale price exceeds the charges, you may claim the remaining funds, within one year, by appearing at ______.
    If you have questions, you may call (name)
    ( ) (phone number)
     
     
    (Print name) Very truly yours,
    (Print title)
     
    (Signature)
     
    (2) To lienholder(s).
    NAME AND ADDRESS
    of
    LOCAL AUTHORITY
    Name and Address
    of Lienholder
    Date of Letter
    Vehicle Plate No.
    Year and Make
    Vehicle Identification Number
    Dear Sir:
    The abandoned vehicle described above was removed by ______ (county, city, town, village) after being left unattended.
    Under Section 1224 of the New York State Vehicle and Traffic Law, ______ (county, city, town, village) will acquire ownership of the vehicle on (date) unless it is (date)
    claimed by the owner of a lienholder. The person claiming the vehicle is responsible for the cost of its removal and storage.
    If the vehicle is unclaimed, your lien will be terminated. You may claim this vehicle by appearing at _________. Additional information may be obtained by calling name, address
    Very truly yours,
    (Print name)
    (Print title)
    (Signature)