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Village of Phoenix, NY
Oswego County
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[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 4-17-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 99.
Nuisance abatement — See Ch. 125.
Parks and public property — See Ch. 133.
Penalties — See Ch. 142.
Streets and sidewalks — See Ch. 165.
Vehicles and traffic — See Ch. 190.
Storage of vehicles — See Ch. 193.
This Chapter 192 shall be known as "Vehicles, Removal of."
A. 
When any vehicle is parked or abandoned on any street or public parking lot within the Village of Phoenix during a snowstorm, flood, fire or other public emergency which affects that portion of the public street or parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by or under the direction of the DPW Superintendent or Chief of the Village of Phoenix Police Department.
B. 
When any vehicle is found unattended on any street or public parking lot within the Village of Phoenix where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the DPW Superintendent or Chief of the Village of Phoenix Police Department.
After removal of any vehicle as provided in this Chapter 192, the Village of Phoenix DPW or Police Department may store or cause such vehicle to be stored in a suitable place at the expense of the owner. For purposes of this Chapter 192, a registered operator of a vehicle owned by a lessor, lender or other person or entity not residing or with offices in the Village of Phoenix shall be deemed an owner if the registered address of such person or entity, or his/her or its actual residence or office address, is within the Village. Such owner or other person in charge of the vehicle may redeem the same upon payment to the person with whom stored of the amount of all expenses actually and necessarily incurred in effecting such removal and storage, such removal charges not to exceed the fair market value charge for towing or flatbed, and for storage the fair market value charge per day or fraction thereof. If and to the extent such charges are incurred by the Village, such costs may be assessed upon real property owned by the motor vehicle owner and located within the Village in the same manner as property taxes and assessments. A schedule of charges approved by the Village Board shall be presumed as fair market value.
It shall be the duty of the DPW Superintendent or Village of Phoenix Police Department to attempt in good faith to ascertain, to the extent possible, the owner of the vehicle or the person having the same in charge and to notify him or her of the removal and disposition of such vehicle and the amount which will be required to redeem same.