The city or any appropriate law enforcement agency is hereby
authorized to remove and take into custody any abandoned vehicle found
on public or private property in corporate limits of the city.
(2002 Code, sec. 8.302)
If an abandoned vehicle has not been reclaimed as provided for
in this article, the city or any law enforcement agency taking custody
of the abandoned vehicle shall sell it at public auction.
Proper notice shall be given of the public auction, and of the
time and place of such auction. The purchaser of the motor vehicle
shall take title to the motor vehicle free and clear of all liens
and claims of ownership, shall receive a sales receipt from the city
or the law enforcement agency conducting the auction, and shall be
entitled to receive a certificate of title for the vehicle. From the
proceeds of the sale of an abandoned vehicle, the city or the law
enforcement agency conducting the auction shall be reimbursed for
the expenses of the auction, the costs of towing, preserving, storing
and other fees related to taking the vehicle into custody, and all
notice, publication, towing, preserving, storing, and other costs
and expenses which result from placing other abandoned vehicles in
custody whenever the proceeds from such a sale of other abandoned
vehicles are insufficient to meet those costs and expenses.
(2002 Code, sec. 8.304)
After deducting the reimbursement allowed under section
26.04.043, the remaining proceeds from the sale shall be held for ninety (90) days for the owner or lienholders of the vehicle. After this period, proceeds unclaimed by the owner or lienholders shall be deposited into an account of the city or the law enforcement agency for use by the city or law enforcement agency.
(2002 Code, sec. 8.305)