Property Rights Foundation of America®

February 14, 2003
The Press
Ellenville, New York

To the Editor:

After having been put off by the police department I called our Village Manager for resolution of a problem whereby, for unknown (to me) reasons, it's impossible to comply with Notices and Tickets enforcing a local law.

Our local towing companies refuse to tow and impound vehicles alleged by police to be "abandoned" or "junk" because, "we don't do that anymore." They hinted they'd experienced too much liability and apparent intimidation by Village personnel in the past.

When a property owner receives a Notice and/or ticket (sometimes both in the same envelope) from the police for a vehicle not his/hers but owned by a tenant, the property owner is the one requited to remove the vehicle or he is fined approximately $100.00.

The Notice (5 days) is not sufficient for landlord to contact tenant for tenant to have enough time or to collect enough money to take care of the problem so more often than not the landlord is left holding the bag. The bag being court appearance, plea, trail, and approximately $100.00 fine.

The severely unconscionable (excessive and unreasonable) unfairness, built in to the whole law and procedure that makes it impossible to comply.

1. 5-day Notice by far not enough time reasonably allowed to comply partially because now with the new Post Offices routing to centralized Newburgh before local redistribution locally, recipients have been getting Notice a day or two before they terminate, and

2. There are no local towers who will remove and impound the cars at even the commercial property owner's expense.

Guarantees the Village with $100.00 fines, a fait accompli by what may be called entrapment, the accused having been given no opportunity to comply: slang — "scam" — a scheme for making a quick, illegal profit.

Paul T. Johnson

P.S. Our new village manager became enraged when I persisted in asking him what to do after he didn't have an answer and he, rather than offering a solution, threatened to "have the car towed at village expense and put a lien on my property" (to get payment), vituperatively screaming at me. Is this any way to run things?

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