(a)
Any
personal property, other than a motor vehicle, which is placed, left
standing, parked, erected or lying in violation of any ordinance of
the city or any state law; or left unattended for more than forty-eight
(48) continuous hours in or on any public street, alley, sidewalk,
public property or public place in the city; or which is placed, left
standing, parked, erected or lying in or on any public street, alley
or sidewalk in such a manner as to substantially interfere with, obstruct
or constitute a barrier to vehicular or pedestrian traffic or interfere
with the use of such public property by the public or the city, is
declared a public nuisance, and any such property when so found by
the police officers of the city shall be removed or caused to be removed
summarily to a location determined by the police chief of the city
or his designee.
(b)
Trash
receptacles placed in compliance with approval of the city and newspaper
and magazine vending machines on public sidewalks shall not be deemed
obstructions under this section.
(c)
Within
ten (10) days after any personal property is impounded under this
section, the police chief or his designee shall notify the owner of
such property and all lienholders, if their names and addresses be
known, that such property has been impounded.
(1999 Code, sec. 7.801)
A lien for all costs incurred in the impounding, storing and
advertising for sale of personal property pursuant to this article
shall exist and inure to the benefit of the city. Such lien shall
be prior and superior to all other liens of every kind, save and except
liens for ad valorem taxes, and the city may retain possession of
such property until all costs are paid and may sell the same as provided
in this article.
(1999 Code, sec. 7.802)
The owner or any person legally entitled to possession of any
impounded personal property as provided for in this article may redeem
the same as follows:
(1)
Before sale.
By paying to the city, before sale, the applicable fees as set forth in section 8.07.008.
(2)
After sale.
By paying to the buyer at the sale double
the amount paid by him for such personal property, and any reasonable
expenses incurred by him for keeping the same; provided that the property
shall be redeemed from the buyer within thirty (30) days after the
date of the sale, excluding the date of sale; otherwise title to the
property shall become absolute in the buyer.
(1999 Code, sec. 7.803)
When any personal property, other than motor vehicles, is not
redeemed within thirty (30) days after being impounded, the same may
be sold as hereafter provided. Upon expiration of 30 days, the police
chief or his designee shall deliver to the city secretary a list of
items so held, date of impoundment, and name and address of the owner
and all lienholders if known.
(1999 Code, sec. 7.804)
Before selling any personal property as provided for in this
article, the city secretary, using information furnished by the police
chief or his designee identifying the property subject to sale, shall
post or cause to be posted two (2) notices thereof, one (1) at the
county courthouse door and one (1) at the entrance of the city hall,
and shall cause a copy thereof to be published in the official newspaper
in the city once a week for two (2) consecutive weeks, the date of
the first publication to be at least fourteen (14) days prior to the
day of the sale. The notice of sale shall describe the impounded property,
state that the same is unredeemed, state that the same will be sold
to the highest bidder, state that the sale shall be conducted by the
police chief or his designee at the location where such property is
impounded, and state a time and date of sale, which shall not be less
than fourteen (14) days from the date of the first posting of such
notices.
(1999 Code, sec. 7.805)
When any impounded property is not redeemed by the date and
time designated in the notice of sale, the city shall sell such property
in the manner designated by the city secretary and execute a bill
of sale of such property to the purchaser thereof; provided that the
city secretary shall not execute or deliver any but a conditional
bill of sale until the title of the buyer has become absolute by an
expiration of thirty (30) days in time, exclusive of the day of sale,
without being redeemed by the owner of the impounded property.
(1999 Code, sec. 7.806)
After deducting the fees to which the impounder is entitled pursuant to section 8.07.008, the city shall hold the balance of the proceeds of such sale, if any, to pay the same to the owner of the property. If the owner fails to call for such proceeds within thirty (30) days, they shall belong to the city.
(1999 Code, sec. 7.807)
The fees shall be provided for in the fee schedule found in appendix A of this code.
(1999 Code, sec. 7.808)
