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Supervisor Bosworth offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. 190 - 2018

A PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING CHAPTER 40A OF THE TOWN CODE ENTITLED "PERSONAL PROPERTY, ABANDONMENT OF."

        WHEREAS, the Town Board, as the legislative body of the Town of North Hempstead, is empowered to amend the Town Code pursuant to the provisions of Article 9 of the New York State Constitution, the Town Law, and the Municipal Home Rule Law; and

 

        WHEREAS, a proposed Local Law has been prepared, pursuant to enabling legislation, to amend the Town Code by the adoption of a Local Law amending Chapter 40A of the Town Code entitled “Personal Property, Abandonment of” in order to allow auctions of personal property to occur via the internet and to clarify the notice provisions to be complied with prior to an auction; and

 

        WHEREAS, the proposed Local Law, in final form, has been on the desks or tables of all the members of the Town Board for seven calendar days, exclusive of Sunday; and

 

        WHEREAS, due notice has been given of a public hearing to be held on the 17th day April, 2018, concerning the adoption of the proposed Local Law, which Local Law was available for viewing by the public on the Town’s website and during regular business hours in the Office of the Town Clerk; and

 

        WHEREAS, the Town Board has carefully considered the proposed Local Law during the seven-day period, conducted a public hearing on April 17, 2018, with respect to the Local Law, and has afforded all interested persons an opportunity to be heard at the public hearing; and

 

        WHEREAS, this Board deems it in the public interest to adopt the proposed Local Law, to be effective immediately upon filing with the Secretary of State of the State of New York (the “Secretary of State”).

 

        NOW, THEREFORE, BE IT

 

        RESOLVED that Local Law No. 3 of 2018 be and it hereby is adopted, which Local Law reads as follows:

 

TOWN OF NORTH HEMPSTEAD

LOCAL LAW NO.  3 OF 2018

 

A LOCAL LAW AMENDING CHAPTER 40A OF THE TOWN CODE

ENTITLED “PERSONAL PROPERTY, ABANDONMENT OF”

 

BE IT ENACTED by the Town Board of the Town of North Hempstead, as follows:

 

Section 1.        Legislative Intent.

 

The Board finds that holding auctions of personal property online is more cost-effective than in-person auctions, and provides greater efficiency in the operations of government. Therefore, the Board finds it in the best interest of the Town of North Hempstead and its residents to make amendments to Chapter 40A of the Code of the Town of North Hempstead entitled “Personal Property, Abandonment of” to allow for the auction of abandoned property via the internet and to provide further clarity regarding the methods to be used for giving notice of an auction.

 

Section 2.

      

Section 40A-6 of Chapter 40A of the Town Code is hereby amended as follows:

§ 40A-6 Disposal.

 

A.        The Town Clerk may dispose of all articles of personal property held by the Town for such a period in excess of 14 days at a public auction held pursuant to notice.

 

B.        Public notice of suchan auction shall be given at least five days prior thereto by the Town Clerk and shall contain the time and place of suchthe auction together with a brief description of the articles to be offered for sale. The notice required by this subsection shall be posted on the Town’s website, the Town Clerk bulletin board and published in a newspaper with townwide circulation designated by the Town Board for publishing notices. Nothing herein shall prohibit the Town Clerk from conducting an auction, over a period of one or more days, via the internet. In the event that the Town Clerk holds an auction via the internet, the Uniform Resource Locator (URL) of the online auction website shall be deemed to be the place of the auction.

 

C.        In the event the property or part thereof remains unsold at the public auction, the Town Clerk may reoffer the same for sale at another public auction or may sell or otherwise dispose of such unsold articles in any manner permitted by law. Any such sale or other disposition shall be without liability on the part of the Town to the owner of such property or other person having an interest therein.

D.        Regarding the disposal of abandoned motor vehicles, the Superintendent of Highways may convert in any calendar year up to 1% of its unclaimed vehicles that are individually worth more than $750 or two such vehicles, whichever is greater, to its own use.

[Added 6-12-1984 by L.L. No. 5-1984; amended 9-11-1984 by L.L. No. 11-1984]

 

Section 3.

 

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person or circumstance directly involved in the controversy in which such judgment or order shall be rendered.

 

Section 4.


This Local Law shall take effect upon filing with the Secretary of State.

 

; and be it further

 

        RESOLVED that the Town Clerk be and hereby is authorized and directed, in the manner required by law, to file a copy of the Local Law with the Secretary of State, and to publish a notice of adoption of the Local Law, which notice shall be in substantially the following form:

 

NOTICE OF ADOPTION

 

PLEASE TAKE NOTICE that pursuant to the provisions of Article 9 of the New York State Constitution, the Municipal Home Rule Law, and the Town Law, at a meeting of the Town Board duly held on April 17, 2018 at Town Hall, 220 Plandome Road, Manhasset, New York, Local Law No. of 2018 was adopted.   The local law amends Chapter 40A of the Town Code entitled “Personal Property, Abandonment of” in order to allow auctions of personal property to occur via the internet and to clarify the notice provisions to be complied with prior to an auction.

 

Dated:        Manhasset, New York

 

                  April 17, 2018

           

BY ORDER OF THE TOWN BOARD OF

THE TOWN OF NORTH HEMPSTEAD

WAYNE H. WINK, JR.

TOWN CLERK

Dated:        Manhasset, New York

 

                   April 17, 2018

 

The vote on the foregoing resolution was recorded as follows:

 

Ayes:  Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth

Nays:  None

 

cc:        Town Attorney