Any vehicle or other property or obstruction, placed, left standing,
parked, erected or lying in violation of any ordinance of the city
or left unattended for more than forty-eight (48) continuous hours
in or on any public street, alley, sidewalk, park, or other place
of the city, is declared to be a nuisance, and any such property when
so found shall be removed summarily by any police officer of the city
and taken to the police pound and shall be kept there until redeemed
or sold as herein provided.
(Ordinance 5002, sec. 1, adopted 7/5/66)
The city 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, and the
city may retain possession thereof until all costs are paid and may
sell the same as herein provided.
(Ordinance 5002, sec. 2, adopted 7/5/66)
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 city 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 for such personal property and any reasonable expenses
incurred by him for keeping same; providing that said property must
be redeemed from the auction buyer within thirty (30) days after the
date of the auction sale; otherwise, title to said property shall
become absolute in the auction buyer.
(Ordinance 5002, sec. 3, adopted 7/5/66)
When any personal property, other than motor vehicles, is not redeemed within sixty (60) days after being impounded, and when any motor vehicle is not redeemed after compliance by the chief of police with the provisions of section 8.06.036 hereof, the chief of police shall sell the same at public auction to satisfy the lien of the city.
(Ordinance 5002, sec. 4, adopted 7/5/66)
Before selling such personal property, other than motor vehicles,
the chief of police shall post two notices thereof, one at a grocery
store door in the city and one at the entrance of the city hall, and
shall cause a copy thereof to be published in the designated official
newspaper once a week for two consecutive weeks, the date of the first
publication to be at least fourteen (14) days prior to the day of
the auction sale. The notice of sale shall describe the impounded
property, state that the same is unredeemed, state that the same will
be sold at public auction, designate the place of sale, and state
a time and date of sale which shall not be less than fourteen (14)
days from the date of posting such notices as herein required.
(Ordinance 5002, sec. 5, adopted 7/5/66; Ordinance adopting Code)
(a)
When
any motor vehicle has not been redeemed within thirty (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 from another state, all information
in his possession concerning said vehicle and to request that said
department supply to him all information the records of the department
contain on said vehicle. Immediately on receipt of such information
from said department the chief of police shall notify the owner and
lienholders as shown by the records of said department by registered
mail with return receipt requested that said vehicle has been impounded
and of the provisions of this division in regard to redemption and
sale of impounded property.
(b)
In the event a motor vehicle has not been redeemed within fifteen (15) days from receipt of the return receipt or notice of nondelivery of said registered mail, the chief of police shall prepare a notice of sale of such vehicle, in the manner described in section 8.06.035, shall send a copy of said notice to the owner and lienholders, as shown by the records of the department of transportation, by registered mail, and shall post and advertise said notices in the manner required in section 8.06.035. Notice by registered mail to the address shown on the records of the department shall constitute notice of the pending sale of such owner and lienholders.
(c)
When
the chief of police is unable to ascertain the names of the owner
and lienholders, and the motor vehicle has not been redeemed within
forty-five (45) days from its impounding, no notice of sale other
than posting and advertising as herein prescribed shall be required.
(d)
(1)
The chief of police, at his discretion may send any vehicles impounded pursuant to section 8.06.031 of this code to the towing company’s facility for storage. Such storage facilities are authorized through the county to tow and store abandoned and wrecked vehicles for law enforcement agencies and as such must meet the county’s licensing, insurance and bonding standards.
(2)
Under those standards the towing company assumes the responsibility
to satisfy their fees through the proper lien process since the city
has not accrued any costs associated with the impounding or storage
of these vehicles.
(Ordinance 5002, sec. 6, adopted 7/5/66; Ordinance adopting Code)
When any impounded property, including motor vehicles, is not
redeemed by the date and time designated in said notice of sale, the
chief of police shall sell such property at public auction, and, as
city auctioneer, shall execute a bill of sale of said property to
the purchaser thereof; provided he shall not execute or deliver any
but a conditional bill of sale unless and until the title of said
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.
(Ordinance 5002, sec. 7, adopted 7/5/66)
After deducting the impounding fee and all other actual expenses
incurred by the city in impounding, storing and selling of said property,
as determined by the chief of police, not to exceed a reasonable amount
for each impounded article, he shall pay the balance of the proceeds
of such sale, if any, to the owner of the property. If the owner fails
to call for such proceeds they shall be paid into the city treasury.
Within six (6) 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 city treasury.
(Ordinance 5002, sec. 8, adopted 7/5/66)
Impounded property which is offered for sale at public auction
in accordance with the procedure 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 sale under this division.
(Ordinance 5002, sec. 9, adopted 7/5/66)
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 may deem necessary.
(Ordinance 5002, sec. 10, adopted 7/5/66)
