[Ord. 97-24 § 3; Ord. 81-791 § 12]
When a vehicle has been taken into custody under the provisions
of this chapter or under any provisions of the laws of the state of
Iowa, the following procedures shall be followed:
A. The department shall notify, within 20 days, by certified mail, the
last known registered owner of the vehicle and all lienholders of
record, addressed to their last known address of record, that the
vehicle has been taken into custody. If the vehicle was impounded
pursuant to an arrest, the department shall additionally notify the
last registered owner by certified mail addressed to the address listed
on the arrest report, if different from the last registered address,
or by personal service if in custody. Notice shall be deemed given
when mailed. The notice shall state the following:
1.
The year, make, model and serial number of the vehicle.
2.
The reason for which the vehicle was impounded.
3.
The location of the facility where the vehicle is being held.
4.
That the persons receiving the notice have the right to reclaim
the vehicle within 10 days after the effective date of the notice
upon the payment of all towing, storage, preservation, and impoundment
fees or charges, and upon payment of the costs of the notice required.
5.
That the failure of the owner, lienholders, or claimants to
exercise their right to reclaim the vehicle or personal property within
the time provided shall be deemed a waiver by the owner, lienholder,
and claimants of all right, title, claim, and interest in the vehicle
or personal property and that failure to reclaim the vehicle or personal
property is deemed consent to the sale of the vehicle at a public
auction or disposal of the vehicle to a demolisher and to disposal
of the personal property by sale or destruction.
6.
That an objection may be made and a hearing held pursuant to Section
10.76.110 unless an opportunity for hearing has been given prior to impoundment under Section 10.76.170.
B. If the identity of the last registered owner cannot be determined,
or if the registration contains no address for the owner, or if it
is impossible to determine with reasonable certainty the identity
and addresses of all lienholders, notice by one publication in one
newspaper of general circulation in this City shall be sufficient
to meet all requirements of notice under this section. The published
notice may contain multiple listings of vehicles but shall be published
within the same time requirements and contain the same information
as prescribed for mailed notice in this section.
[Ord. 2015-118 § 23; Ord. 2002-31 § 26; Ord. 97-24 § 5; Ord.
81-791 § 13]
The registered owner or a lienholder or rightful claimant of an abandoned vehicle or personal property may object to the impoundment of a vehicle or the assessment of the charges and fees associated with impoundment and storage of an abandoned vehicle by filing a request for hearing as provided in Section
2.86.020. If a timely request for hearing is not filed the impoundment shall be conclusively presumed to have been valid and the charges and fees assessed to be reasonable and fair. If a request for hearing is timely filed a hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code. During a hearing the administrative hearing officer shall determine whether the impoundment was valid and/or whether the fees and charges are justified.
[Ord. 97-24 § 4; Ord. 81-791 § 15]
A. The registered owner, lienholders, or rightful claimants of the possession of an abandoned vehicle or personal property have 10 days in which to reclaim the impounded vehicle after the effective date of the notice provided for in Section
10.76.100, except where such person has requested an evidentiary hearing pursuant to Section
10.76.110 to contest the planned disposition of the vehicle or personal property or the assessment of the fees and charges as provided by this chapter, in which case the ten-day reclaiming period shall begin on the date of the hearing.
B. If the owner, lienholders, or claimants do not exercise their right
to reclaim the vehicle or personal property or request a hearing within
the ten-day reclaiming period, they shall no longer have any right,
title, claim, or interest in or to the vehicle or the personal property.
A court in any case in law or equity shall not recognize any right,
title, claim, or interest of the owner, lienholders, or claimants
after the expiration of the ten-day reclaiming period.
C. The owner, lienholders, or claimants may, by written request delivered
to the police department prior to the expiration of the ten-day reclaiming
period, obtain an additional five days within which the vehicle or
personal property may be reclaimed.