[Code 1979, § 1.81]
The City Manager, with the consent and approval of the Council,
may establish one or more pounds or contract for the establishment
of one or more pounds for the keeping and storing of tangible personal
property, either within or without the City limits, and either on
public or private property.
[Code 1979, § 1.84]
Any disabled motor vehicle or other mobile personal property
which cannot be moved on its own power, or which due to flat tires,
broken wheels or other visible mechanical damage cannot be moved on
its own power or the usual power applied thereto without making repairs,
which shall remain parked upon any public street, alley or other public
grounds for a period of 48 hours or more shall be deemed to be abandoned
and may be impounded.
[Code 1979, § 1.85]
Any motor vehicle, even though not interfering with traffic,
which shall be unlawfully parked in any public street, alley or other
public grounds within the City, and shall remain so unlawfully parked
for a period of 12 hours or more shall be deemed to be abandoned and
may be impounded.
[Code 1979, § 1.86]
Any motor vehicle being operated in the City by a person while
under the influence of intoxicating liquor, or without an operator's
license or chauffeur's license and/or found to be unsafe for operation
on the public streets and highways, and/or any motor vehicle being
operated in the City by a person who could not at that time prove
ownership of the vehicle or the right to operate the motor vehicle,
and/or a motor vehicle lawfully seized by the police officers of the
City, the sheriff of the county or any of his deputies, or the state
police, may be transported or caused to be transported to a City pound.
[Code 1979, § 1.87]
The owner of any tangible personal property which shall be impounded
pursuant to this division shall, before recovering possession of the
property, pay to the person in charge of the particular City pound,
or his designated agent, the actual expense of transporting the property
to the pound, plus all storage costs.
[Code 1979, § 1.88]
(a)
If any tangible personal property shall remain in a pound for a period of 30 days or more without the owner paying the costs and expenses as provided in § 2-120, the tangible personal property may be sold by the person in charge of the pound, or his designated agent, at public auction to the highest bidder, after having given to the last known owner of the property a written notice of the date, time and place of the sale. The written notice shall be personally served on the owner at least 10 days before the sale, or it may be served at least 10 days before the sale by mailing it by certified mail, addressed to the owner at his last known address. If the owner is unknown, or has no address known to the person in charge of the pound, the notice shall be published once, at least 10 days before the sale, in a newspaper of general circulation in the City. Proof of mailing the notice by certified mail and/or proof of publication of the notice shall be deemed to be notice to the owner, whether or not the owner actually receives the notice.
(b)
Any motor vehicle remaining in a pound for a period of 30 days or more without the owner of the motor vehicle paying the cost and expenses as provided in § 2-120, or any abandoned motor vehicle, whether categorized as a junk vehicle or otherwise, shall be sold or otherwise disposed of in accordance with the procedures set forth in the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended.
[Code 1979, § 1.89]
The owner of impounded tangible personal property may claim the property after notice is given and before sale or disposition of the property, by paying the costs and expenses as provided in § 2-120, plus all costs and expenses incurred in the service and preparation for the sale or disposition of the property.
[Code 1979, § 1.90]
(a)
Out of any money received from the sale of impounded tangible personal
property as provided in this division, the person in charge of the
pound shall pay the costs and expenses of the sale or disposition
of the property, and the costs of transportation and storage fees.
Any money remaining from the sale shall be paid over to the owner
of the tangible personal property. If the owner is unknown or cannot
be located, or refuses to accept the money, the surplus of the sale
shall be paid over to the treasurer of the City, to be held by the
treasurer for the owner. If the owner of the tangible personal property
refuses or fails to claim the money within 18 months after the date
of the sale, the treasurer shall pay the money over to the general
fund of the City.
(b)
Any monies or proceeds received from the sale of any motor vehicle
taken into custody pursuant to this Code shall be disposed of only
in accordance with the terms and provisions of the Michigan Vehicle
Code, Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1
et seq., MSA 9.1801 et seq.), as amended.
[Code 1979, § 1.91]
Any person rescuing or attempting to rescue or take any tangible personal property or any motor vehicle from any pound, without paying the amount therefor due, shall be guilty of a violation of this Code and punishable as prescribed in § 1-14.
