The police department is hereby authorized to take into custody
any abandoned motor vehicle, watercraft or outboard motor found on
public or private property. The police department many employ its
own personnel, equipment, and facilities or hire persons, equipment,
and facilities to remove, preserve and store abandoned motor vehicles,
watercraft or outboard motors it takes into custody.
(Ordinance 2008-0880 adopted 12/15/08)
(a)
Upon taking an abandoned motor vehicle into custody under section 8.03.031, the police department or its designee shall send notice of abandonment not later than the tenth (10th) day after taking the motor vehicle into custody to the last known registered owner of each motor vehicle, watercraft, or outboard motor taken into custody or for which a garagekeeper’s report is received, and each lienholder recorded.
(b)
The
notice must be sent via certified mail, return receipt requested.
It must state:
(1)
The specific year, make, model, and identification number of the
abandoned motor vehicle, watercraft, or outboard motor;
(2)
The location of the facility where the abandoned motor vehicle, watercraft,
or outboard motor is being held;
(3)
Inform the owner and lienholder of the right to claim the abandoned
motor vehicle, watercraft, or outboard motor not later than the twentieth
(20th) day after the date of the notice on payment of:
(4)
State that failure of the owner or lienholder to claim the abandoned
motor vehicle, watercraft, or outboard motor during the period specified
is a waiver by that person of all right, title, and interest in the
item; and consent to the sale of the item at a public auction.
(c)
If the identity of the last registered owner of a motor vehicle impounded under section 8.03.031 cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of the lienholders, notice by publication in one newspaper of general circulation in the city shall be sufficient notice under this section. Notice by publication may contain multiple listings of abandoned vehicle, and shall be published within the time requirements for notice by certified mail and contain all of the information required by that section.
(d)
The
consequences and effect of failure to reclaim an abandoned motor vehicle
shall be as set forth in a valid notice given pursuant to this section.
(e)
The
police department or the agent of the police department that takes
into custody an abandoned motor vehicle, watercraft, or outboard motor
is entitled to reasonable storage fees:
(1)
For not more than ten (10) days, beginning on the day the item is
taken into custody and ending on the day the required notice is mailed;
and
(2)
Beginning on the day after the day the police department mails notice
and ending on the day accrued charges are paid and the vehicle, watercraft,
or outboard motor is removed.
(Ordinance 2008-0880 adopted 12/15/08)
(a)
If an abandoned motor vehicle, watercraft, or outboard motor has not been reclaimed as provided in section 8.03.032, the owner or lienholder waives all rights and interests in the item; and consents to the sale of the item by public auction; and the police department may sell the item at a public auction.
(b)
Proper
notice of the auction shall be given. The purchaser of an abandoned
motor vehicle, watercraft, or outboard motor takes title free and
clear of all liens and claims of ownership; shall receive a sales
receipt from the police department; and is entitled to register the
motor vehicle, watercraft, or outboard motor and receive a certificate
of title.
(c)
The police department is entitled to reimbursement from the proceeds of sale of an abandoned motor vehicle, watercraft, or outboard motor for the cost of the auction; towing, preservation, and storage fees resulting from the taking into custody; and the cost of notice or publication as required by section 8.03.032. Any remainder from the proceeds of sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days. After the 90-day period, proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other abandoned motor vehicle into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(Ordinance 2008-0880 adopted 12/15/08)
