§290-9 Disposition of derelict vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 290-2 and 290-5. [L 1971, c 28, pt of §1]
Case Notes
Plaintiff asserted that §290-8 and this section were unconstitutional and that the municipality was subject to liability under 42 U.S.C. §1983 on the grounds that an ordinance implemented the sections and therefore constituted an official policy statement by the municipality; no basis found for imposing liability on the municipality under 42 U.S.C. §1983. 333 F. Supp. 2d 942.
Section 290-8 and this section are not facially unconstitutional except for condition (6) set forth in §290-8, which allows for the immediate disposition, without notice, of derelict cars older than ten years and unconstitutionally violates the requirements of due process. 333 F. Supp. 2d 942.
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