When an abandoned motor vehicle or any property other than a junked motor vehicle, as defined in section 8.03.001, is placed or left standing, parked, erected, or lying in violation of any ordinance or code of the municipality or left unattended for more than 48 continuous hours in or on any public street, alley, sidewalk, park, or other public place of the municipality, such vehicle or property is declared to be a nuisance. Any such property when so found shall be removed summarily by any officer of the municipality and taken to the municipal pound and shall be kept there until redeemed or sold as herein provided.
(2002 Code, sec. 93.30)
The municipality shall have a lien on such impounded personal property for all costs incurred in impounding, storing, and advertising such property and such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes. The municipality may retain possession thereof until all costs are paid and may sell the same as herein provided.
(2002 Code, sec. 93.31)
The owner or any person legally entitled to possession of such impounded personal property may redeem the same as follows:
(1) 
Before sale.
By paying to the chief of police the impounding fee and any other actual expenses incurred by the municipality in impounding and keeping the impounded property, as determined by the chief of police.
(2) 
After sale.
By paying to the buyer at the auction sale double the amount paid by him or her for such personal property and any reasonable expenses incurred by him for keeping same; provided that the property must be redeemed from the auction buyer within 30 days after the date of auction sale, excluding the date of sale. If not redeemed within 30 days after the date of auction sale, title to the property shall become absolute in the auction buyer.
(2002 Code, sec. 93.32)
(a) 
Sale at public auction.
When any personal property, other than a motor vehicle, is not redeemed within 60 days after being impounded, and when any motor vehicle, other than a junked motor vehicle, is not redeemed after compliance by the chief of police with the provisions of this article, the chief of police shall sell the same at public auction to satisfy the lien of the municipality.
(b) 
Procedures for sale of property other than motor vehicles.
(1) 
Before selling such personal property, other than motor vehicles, the chief of police shall post two notices thereof, one at the United States post office, and one at the entrance to the municipal building, and shall cause a copy thereof to be published in a newspaper published in the municipality once a week for two consecutive weeks, the date of the first publication to be at least 14 days prior to the day of the auction sale.
(2) 
The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same shall be sold at public auction, designate the place of sale, and state a time and date of sale which shall not be less than 14 days from the date of posting such notices as herein required.
(c) 
Procedures for sale of motor vehicles.
(1) 
When any motor vehicle has not been redeemed within 30 days from the date of its impounding, it shall be the duty of the chief of police to submit to the state department of transportation, and similar agency of the proper state when the vehicle is registered in another state, all information that the department requires.
(2) 
Immediately upon receipt of such information from the department, the chief of police shall notify the owner and lienholders as shown by the records of the department, by registered mail with return receipt requested, that the vehicle has been impounded and of the provisions of this division in regard to redemption and sale of impounded property.
(3) 
In the event a motor vehicle has not been redeemed within 15 days from receipt of the return receipt or notice of nondelivery of registered mail, the chief of police shall prepare a notice of sale of such vehicle, in the manner described in subsection (b)(2) above, and shall send a copy of the notice to the owner and lienholders, as shown by the records, and advertise the notices in the manner required in subsection (b)(1) above. Notice by registered mail to the address shown on the records of the department of transportation shall constitute notice of the pending sale to such owner and lienholders.
(4) 
When the chief of police is unable to ascertain the names of the owner and lienholders, and the motor vehicle has not been redeemed with 45 days from its impounding, no notice of sale other than posting and advertising as herein prescribed shall be required.
(d) 
Public auction.
When any impounded property, including motor vehicles, is not redeemed by the date and time designated in the notice of sale, the chief of police shall sell such property at public auction, and, as auctioneer, shall execute bill of sale of the property to the purchaser thereof. He or she shall not execute or deliver any but a conditional bill of sale unless and until the title of the buyer has become absolute by an expiration of 30 days, exclusive of the date of sale, without being redeemed by the owner of the impounded property.
(e) 
Disposition of proceeds.
(1) 
After deducting the impounding fee and all other actual expenses incurred by the municipality in impounding, storing, and selling of the property, as determined by the chief of police, not to exceed a reasonable amount for each impounded article, he or she shall pay the balance of the proceeds of such sale, if any, to the owner of the property.
(2) 
If the owner fails to call for such proceeds, they shall be paid into the general fund. Within six months after such auction sale, the owner may apply in writing to the chief of police and, upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the general fund.
(f) 
Junk property.
Impounded property which is offered for sale at public auction in accordance with the procedures herein prescribed and upon which no person bids shall thereafter be sold or otherwise disposed of as junk. Money received for junk property shall be disposed of in the same manner as proceeds from an auction under this section.
(2002 Code, sec. 93.33)
The chief of police shall keep a record book which shall contain a description of all property impounded, the date and time of such impounding, the date notices of sale were posted and advertised and mailed to owners and lienholders, the return of receipts of registered notices, the date of the sale at auction, the amount realized for each article at such sale, the name and address of the owner and lienholders, if known, the name and address of the auction buyer, and any such other information as he or she may deem necessary.
(2002 Code, sec. 93.34)