Rochester, N.Y., Code of Ordinances ch. 90 § 90-15

A. A junked vehicle shall not be parked, stored or left in the open unless it is necessary for the operation of a business enterprise lawfully situated on private property. Any other junked vehicle left in the open must be immediately removed from the property to an approved location. B. Powers of the Commissioner. In addition to whatever powers the Commissioner has, the Commissioner is granted the following powers: (1) To administer § 1224 of the New York State Vehicle and Traffic Law with respect to abandoned vehicles left on private or city-owned property within the City of Rochester, excluding the public highways, city parking lots and garages. (2) To implement the procedural requirements of Title 15 , New York Codes, Rules and Regulations, Part 18 (Abandoned Vehicles), with respect to abandoned vehicles left on private or city-owned property within the City of Rochester, excluding the public highways, city parking lots and garages. (3) To determine the value of vehicles utilizing such criteria as used-car valuation books and the physical and mechanical condition of the vehicle. (4) To dispose of abandoned vehicles, whether through the Department, through contract or through the Chief of Police, provided that the disposal complies with the requirements of § 1224 of the New York State Vehicle and Traffic Law. (5) To cause the removal of: (a) Junked vehicles, as defined in § 90-3 of the Municipal Code, which are parked, stored or left in the open in violation of this section. (b) Vehicles without current license plates parked or stored in violation of Municipal Code § 120-163D(1) . (6) To dispose of junked vehicles and unlicensed vehicles removed pursuant to this chapter, provided that the procedural requirements contained herein are complied with. (7) To issue outdoor storage permits for unlicensed vehicles. The issuance of such permits shall be governed pursuant to the following: (a) Not more than one vehicle per property shall be permitted, and a permitted vehicle must be a passenger vehicle. (b) No permit shall be issued if there is an off-street parking deficiency. (c) The vehicle shall be covered with a commercial, fitted car tarpaulin. (d) The term of the permit shall be six months, renewable. (e) The permit fee shall be $25. (f) Unlicensed vehicles shall not be stored in any required parking space or in access to or maneuvering space for any required parking space or in any required open space, and storage of the vehicle shall otherwise comply with all requirements of the Zoning Code and the remainder of the Municipal Code. (g) The vehicle shall be owned by the resident of the property, and proof of ownership and residency shall be provided at the time of application for the permit. C. Procedural requirements relating to unlicensed, abandoned and junked vehicles. (1) The Commissioner shall give the property owner and vehicle owner, if known, written notice of the violation and of the right to an administrative hearing by first-class mail with delivery confirmation sent to the property owner's address on file in the Bureau of Assessment and to the vehicle owner at his or her last known address, prior to causing the removal of any vehicle from private property. The notice shall give the property owner and vehicle owner, if known, 10 days from the date of mailing to request a hearing or remove the vehicle. The property owner and/or vehicle owner shall be permitted to be represented by counsel at the hearing, to submit evidence and summon witnesses on his or her behalf, to inspect documents and to cross-examine opposing witnesses. Compliance with the technical rules of evidence shall not be required. Failure to request a hearing or remove a vehicle within the designated time shall be deemed a waiver of rights and an authorization for the Commissioner to remove said vehicle in accordance with this section. (2) The Commissioner and his or her employees are authorized to enter onto private property to conduct inspections and remove vehicles in accordance with this section and shall have the power to seek and obtain warrants where such are constitutionally required. (3) The Commissioner may immediately remove any unlicensed, junked or abandoned vehicle left on City-owned property other than public highways, city parking lots and garages. (4) Property and vehicle owner liability and disposition of vehicles removed by the Commissioner. (a) The Commissioner shall deliver vehicles removed in accordance with this section to the Chief of Police for storage and disposal in accordance with § 111-72 of the Municipal Code, except that the Commissioner may immediately sell to a vehicle dismantler or a scrap processor any vehicle whose title immediately vests in the City of Rochester as an abandoned vehicle pursuant to § 1224 of the New York State Vehicle and Traffic Law and, in abating the nuisance, any junked or unlicensed vehicle of a wholesale value, taking into consideration the condition of the vehicle, of $1,250 or less, removed from public or private property pursuant to this section. (b) For vehicles removed from private property, the property owner and vehicle owner shall be liable, jointly and severally, to the City of Rochester for the costs of removal, storage and disposal of any vehicle removed, stored and/or disposed of by the Commissioner. The amount due for removal and storage shall be as sets forth in § 111-72 of the Municipal Code. [1] Any proceeds from the sale of a vehicle shall first be used to pay any expenses incurred by the City of Rochester. Any excess proceeds shall be returned to the vehicle owner, if known. If the vehicle owner is unknown, the excess proceeds shall be held by the City without interest, for the benefit of the vehicle owner for a period of one year. If not claimed within the one-year period, the excess proceeds shall be paid into the City's general fund. [2] In the event that the expenses incurred by the City exceed the sale proceeds, the additional expenses shall be payable by the property owner and/or the vehicle owner and, if not paid, may be added to a subsequent tax bill for the property pursuant to § 6-94 of the City Charter. D. Junked, unlicensed and abandoned vehicles deemed a public nuisance. Notwithstanding any inconsistent provision of any local law or ordinance, any junked, abandoned or unlicensed vehicle standing, parked or stored on private or city-owned property in violation of any law or ordinance, within the City of Rochester, shall be deemed a public nuisance which shall be abated by the person or persons causing such public nuisance or by the property owner or by the Commissioner as provided herein. The sale of said vehicles by the City, either immediately or after a required holding period, shall constitute an integral step in the abatement of the nuisance.