Section 22-220. Seizure; forfeiture

a.  Any police officer or authorized
  officer or employee of the department may, upon service of a  notice  of
  violation or criminal summons upon the owner or operator of a vehicle or
  other property or equipment seize such vehicle or such other property or
  equipment  which  such  police officer or authorized officer or employee
  has reasonable cause to believe is being used in connection with an  act
  constituting a violation of subdivision a of section 22-204, subdivision
  a  of section 22-206 or subdivision c of section 22-208 of this chapter.
  Any vehicle, property or equipment seized pursuant to  this  subdivision
  shall  be  delivered  into  the  custody  of  the  department  or  other
  appropriate agency. Where a notice  of  violation  has  been  served,  a
  hearing to adjudicate the violation underlying the seizure shall be held
  before  the  environmental control board within five business days after
  the seizure and such board shall render a decision within five  business
  days  after  the conclusion of the hearing. Where a criminal summons has
  been served, a  hearing  to  adjudicate  the  violation  underlying  the
  seizure  shall  be held before a court of competent jurisdiction. In the
  event that such court or the environmental control board determines that
  there has been no violation, the vehicle, property or equipment that was
  seized shall be released forthwith to the owner or any person authorized
  by the owner to take possession of such vehicle, property or equipment.
    b. Except as otherwise provided in subdivision a of  this  section  or
  where  notice  has been given that forfeiture will be sought pursuant to
  paragraph (ii) of subdivision e of this  section,  a  vehicle  or  other
  property  or  equipment seized pursuant to subdivision a of this section
  shall be released upon payment of a fine or civil  penalty  imposed  for
  the  violation  underlying  the  seizure  and  the  costs of removal and
  storage as set forth in the rules of the department. Where an action  or
  a proceeding relating to the violation underlying the seizure is pending
  in  a  court  of  competent jurisdiction or an administrative proceeding
  before the environmental control board, the vehicle or other property or
  equipment shall be released upon posting of a  bond  or  other  form  of
  security sufficient to cover the maximum fine or civil penalty which may
  be imposed for such violation and the costs of removal and storage.
    c.  Where  a  court  of  competent  jurisdiction  or the environmental
  control board makes a finding that the  vehicle  or  other  property  or
  equipment  has  not  been  used in connection with an act constituting a
  violation of subdivision a of section 22-204, subdivision a  of  section
  22-206  or  subdivision c of section 22-208 of this chapter, the vehicle
  or other property or equipment shall be released forthwith to the  owner
  or  any  person  authorized  by  the  owner  to  take possession of such
  vehicle, property or equipment.
    d. Any vehicle or other  property  or  equipment  that  has  not  been
  claimed  by  the  owner  within ten business days after mailing by first
  class mail to such owner of notice of a  determination  by  a  court  of
  competent  jurisdiction or by the environmental control board that there
  has been no violation or that the vehicle or other property or equipment
  was not used in connection with a violation of subdivision a of  section
  22-204,  subdivision  a  of  section  22-206 or subdivision c of section
  22-208 of  this  chapter  shall  be  deemed  by  the  department  to  be
  abandoned.   Any   vehicle   unclaimed  under  the  provisions  of  this
  subdivision shall be disposed of by the department pursuant  to  section
  twelve  hundred  twenty-four of the vehicle and traffic law. Property or
  equipment other than a vehicle shall be disposed of by  sale  at  public
  auction  following  notice  by publication in the city record describing
  such property or equipment not less than ten business days prior to such
  sale. Such notice shall provide that the owner may reclaim such property

  or equipment until a date that shall be not  sooner  than  ten  business
  days from the date the notice is published.
    e.  (i)  In  addition  to  any  other  fines,  penalties, sanctions or
  remedies provided for in this chapter, a vehicle or  other  property  or
  equipment  which  has  been  seized  pursuant  to  subdivision a of this
  section and all rights, title and interest therein shall be  subject  to
  forfeiture  upon  notice and judicial determination thereof if the owner
  of such vehicle or other property or equipment has been found liable  by
  a  court of competent jurisdiction or the environmental control board on
  one or more prior  occasions  for  using  such  vehicle  or  such  other
  property or equipment in connection with an act constituting a violation
  of  subdivision  a of section 22-204, subdivision a of section 22-206 or
  subdivision c of section 22-208 of this chapter.
    (ii) A forfeiture proceeding  may  not  be  commenced  more  than  ten
  business  days after the receipt of a request by the owner for return of
  the vehicle, other property or equipment. If a forfeiture proceeding  is
  not commenced within such ten day period, the property shall be returned
  to  the  owner upon payment of the fine or civil penalty imposed and the
  costs of removal and storage. A vehicle or other property  or  equipment
  which  is  the subject of such action shall remain in the custody of the
  department or other appropriate agency pending the  final  determination
  of the forfeiture action.
    (iii)  Notice  of  the  institution  of the forfeiture action shall be
  served by first class mail on: (a) an owner of a vehicle at the  address
  set forth in the records maintained by the department of motor vehicles,
  or  for  vehicles  not  registered  in  New  York  state, in the records
  maintained by the state of  registration;  (b)  all  persons  holding  a
  security interest in such vehicle which security interest has been filed
  with  the  department  of  motor  vehicles pursuant to the provisions of
  title ten of the vehicle and traffic law, at the address  set  forth  in
  the  records  of  such department, or for vehicles not registered in New
  York state, all persons who hold a security  interest  in  such  vehicle
  which  security  interest has been filed with such state of registration
  and which persons are made known by such state to the department at  the
  address provided by such state of registration; and (c) for property and
  equipment  other  than  a  vehicle,  by  publication  in the city record
  describing such property or equipment and  by  notice  served  by  first
  class  mail  to  the  address  of  the person from whom such property or
  equipment was seized. Where such person is other than the owner of  such
  property  or  equipment, notice shall be served by first class mail both
  to such person and to the owner of such property or equipment where such
  owner is known, or can by reasonable effort, be  ascertained  or,  where
  such  owner  is not known or cannot by reasonable effort be ascertained,
  to the employer of the person from whom the property or other  equipment
  was  seized.  Notice  shall  also  be  served by first class mail to any
  person who holds a security interest in such property or equipment  when
  the  name  and  address of such person has been provided by the owner of
  the property or equipment or other person  from  whom  the  property  or
  equipment  was  seized,  or  is  otherwise  known  or can, by reasonable
  effort, be ascertained.
    (iv) Any owner who receives notice of the institution of a  forfeiture
  action  who wishes to claim an interest in the vehicle or other property
  or equipment subject to forfeiture may assert a claim in such action for
  the  recovery  of  the  vehicle  or  other  property  or  equipment   or
  satisfaction  of  the owner's interest in such vehicle or other property
  or equipment. Any person with a security interest  in  such  vehicle  or
  property  or  equipment  who  receives  notice of the institution of the
  forfeiture action who claims  an  interest  in  such  vehicle  or  other

  property or equipment may assert a claim in such action for satisfaction
  of such person's security interest.
    (v)  Forfeiture  pursuant to this subdivision shall be made subject to
  the interest of a person who claims an interest in the vehicle or  other
  property  or  equipment  pursuant to paragraph (iv) of this subdivision,
  where such person  establishes  that:  (a)  the  use  of  such  vehicle,
  property or equipment in connection with an act constituting a violation
  of  subdivision  a of section 22-204, subdivision a of section 22-206 or
  subdivision c of section 22-208 of this chapter that was the  basis  for
  seizure occurred without the knowledge of such person, or if such person
  had  knowledge of such use, that such person did not consent to such use
  by failing to do all that could reasonably have  been  done  to  prevent
  such use, and that such person did not knowingly obtain such interest in
  the  vehicle, property or equipment in order to avoid the forfeiture; or
  (b) that the conduct that was the basis for such seizure  was  committed
  by  any  person  other  than  such  person  claiming  an interest in the
  vehicle, property or equipment while such vehicle was unlawfully in  the
  possession  of  a person who acquired possession thereof in violation of
  the criminal laws of the United States or any state.
    (vi) The  department,  after  judicial  determination  of  forfeiture,
  shall,  at  its discretion, either: (a) retain such vehicle, property or
  equipment for the official use of the city; or (b) by public  notice  of
  at  least  five days, sell such forfeited vehicle, property or equipment
  at public sale. The net proceeds of any such sale shall be paid into the
  general fund of the city.
    (vii) In any forfeiture action commenced pursuant to this subdivision,
  where the court awards a  sum  of  money  to  one  or  more  persons  in
  satisfaction  of  such  person's  or  persons' interest in the forfeited
  vehicle, property or equipment, the total amount awarded to satisfy such
  interest or interests shall not exceed the amount of the net proceeds of
  the sale of the forfeited vehicle, property or equipment after deduction
  of the lawful expenses incurred by the city,  including  the  reasonable
  costs of removal and storage between the time of seizure and the date of
  sale.
    (viii)  For  purposes  of  this section, the term "owner" of a vehicle
  shall mean an owner as defined in section one hundred  twenty-eight  and
  in  subdivision  three of section three hundred eight of the vehicle and
  traffic law. The term "owner" of other property or equipment subject  to
  seizure  or  forfeiture pursuant to this section shall mean a person who
  demonstrates ownership of such property or equipment to the satisfaction
  of the commissioner.
    (ix) For purposes of this section, the term "security interest"  in  a
  vehicle  shall  mean  a security interest as defined in subdivision k of
  section two thousand one hundred one of the  vehicle  and  traffic  law.
  "Security  interest"  in  other  property  or  equipment  shall  mean an
  interest reserved or created by agreement and which secures  payment  or
  performance of an obligation. The term includes the interest of a lessor
  under a lease intended as security.