Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of §
427-3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaiming or disposal of abandoned vehicles as defined in §
427-1.
B. Removal.
(1) Any police officer who discovers any motor vehicle, trailer, semitrailer
or mobile home on any public street or highway or private or public
property in the City of Colby which has been abandoned shall cause
the vehicle to be removed to a suitable place of impoundment.
(2) Upon removal of the vehicle, the police officer shall notify the
Chief of Police or his designee of the abandonment and of the location
of the impounded vehicle.
C. Storage and reclaiming. Any abandoned vehicle which is determined
by the Chief of Police or his designee to be abandoned shall be retained
in storage for a period of 10 days after certified mail notice, as
hereinafter provided, has been sent to the Wisconsin titled owner
and/or secured party of record with the Wisconsin Motor Vehicle Division,
except that if the Chief of Police or his designee determines an abandoned
vehicle to have a value of less than $100, or that the cost of towing
and storage charges for impoundment will exceed the value of the vehicle,
it may be junked or sold by direct sale to a licensed salvage dealer
after having been retained in storage for a period of seven days and
after certified mail notice, as hereinafter provided, has been sent
to the Wisconsin titled owner or secured party of record with the
Wisconsin Motor Vehicle Division, provided that it is first determined
that the vehicle is not reported stolen or wanted for evidence or
other reason. All substantially complete vehicles in excess of 19
model years of age shall be deemed as a having value in excess of
$100. Any such vehicle which may be lawfully reclaimed may be released
upon the payment of all accrued charges, including towing, storage
and notice charges and upon presentation of the vehicle title or other
satisfactory evidence to the Chief of Police or his designee to prove
an ownership or secured party interest in said vehicle.
D. Notice to owner or secured party. Certified mail notice, as referred
to herein, shall notify the Wisconsin titled owner of the abandoned
vehicle, if any, and/or the secured party of record with the Wisconsin
Motor Vehicle Division, if any, of the following:
(1) That the vehicle has been deemed abandoned and impounded by the City
of Colby;
(2) The "determined value" of the abandoned vehicle;
(3) If the cost of towing and storage costs will exceed the determined
value of the vehicle;
(4) That if the vehicle is not wanted for evidence or other reason, the
vehicle may be reclaimed upon the payment of all accrued charges,
including towing, storage and notice charges, within 10 days of the
date of notice, unless the vehicle has been determined to have a value
less than $100 or that the cost of towing and storage charges for
impoundment will exceed the value of the vehicle, in which case the
vehicle may be reclaimed within seven days upon the payment of the
aforesaid charges; and
(5) That the owner or aforesaid secured party may, upon request, be granted
a hearing relating to the determinations made with respect to said
vehicle within the period that such vehicles may be reclaimed.
Any abandoned vehicle impounded by the City which has not been
reclaimed or junked or sold by direct sale to a licensed salvage dealer
pursuant to the provisions of this chapter may be sold by public auction
sale or public sale calling for the receipt of sealed bids. A Class
1 notice, including the description of the vehicles, the name(s) and
address(es) of the Wisconsin titled owner and secured party of record,
if known, and the time of sale shall be published before the sale.
Within five days after the direct sale or disposal of a vehicle
as provided for herein, the Chief of Police or his designee shall
advise the State of Wisconsin Department of Transportation, Division
of Motor Vehicles, of such sale or disposal on a form supplied by
said Division. A copy of the form shall be given to the purchaser
of the vehicle enabling the purchaser to obtain a regular certificate
of title for the vehicle. The purchaser shall have 10 days to remove
the vehicle from the storage area but shall pay a reasonable storage
fee established by the City for each day the vehicle remains in storage
after the second business day subsequent to the sale date. Ten days
after the sale the purchaser shall forfeit all interest in the vehicle
and the vehicle shall be deemed to be abandoned and may be sold again.
Any listing of vehicles to be sold by the City shall be made available
to any interested person or organization which makes a written request
for such list to the Police Department. The Police Department may
charge a reasonable fee for the list.
In the event of any conflict between this chapter and any other
provisions of this Municipal Code, this chapter shall control.