§ 415-7. Notice of violation; impoundment and redemption.

A. 

Notice of violation.

(1) 

In the event that a clothing donation bin is not in compliance with the identification and display provisions of this chapter, the Office of Consumer Affairs shall post a notice of violation on such bin. If the owner's address is displayed on such bin, the office shall also mail a copy of the notice of violation via certified mail to such address.

(2) 

The notice of violation shall include, at a minimum, the following:

(a) 

A description of the violation.

(b) 

A warning that the clothing donation bin must be brought into compliance within 14 days from the date of the notice of violation or such bin shall be subject to impounding as set forth in Subsection C below.

(c) 

Contact information pursuant to which the owner may request one extension of up to 14 days in order to obtain compliance. Such extension may be granted in whole or in part by the Director of the Office of Consumer Affairs upon the owner's showing of good cause. In no event shall any extension be in excess of 28 days from the date of the notice of violation.

B. 

Impoundment and redemption.

(1) 

If a clothing donation bin has not been brought into compliance within 14 days following the date of the notice of violation or, if an extension has been granted, within the time allotted by such extension, the County of Suffolk may seize and impound a clothing donation bin for failure to comply with the provisions of this chapter.

(2) 

Such impounded clothing donation bin shall be stored by the County of Suffolk until it has been reclaimed by the owner consistent with the provisions of this chapter. The owner of the clothing donation bin shall be sent notice of such impoundment at the owner's last known address by certified mail within five days after the impoundment. Neither Suffolk County nor any agency thereof shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the clothing donation bin utilized in violation of this chapter may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $1,000. Such impounded clothing donation bin may only be released to the owner of the clothing donation bin or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.

(3) 

If the owner of an impounded clothing donation bin does not reclaim such bin within one year of the date of impoundment, the County of Suffolk may, at its discretion, dispose of such bin.

C. 

The provisions of this section shall be in addition to any other penalties set forth by law.

Added 3-2-2010 by L.L. No. 4-2010