(a)
Declared a nuisance; duty of police to impound; notification of impoundment.
(1)
Any personal property, other than a motor vehicle, which is placed, left standing, parked, erected or lying in violation of any ordinance, the charter of the city or any state law; or left unattended for more than 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, 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 the police pound or any other place of impoundment designated by the city manager.
(2)
Trash receptacles placed in compliance with city ordinance and newspaper and magazine vending machines on public sidewalks shall not be deemed obstructions under this section.
(3)
Within ten days after any personal property is impounded under this section, the impounder shall notify the owner of such property and all lienholders, if their names and addresses be known, that such property has been impounded.
(b)
Lien on impounded property.
A lien for all costs incurred in the impounding, storing and advertising for sale of personal property pursuant to this section shall exist and inure to the benefit of the person actually impounding such property. Such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the impounder may retain possession of such property until all costs are paid and may sell the same as provided in this section.
(c)
Redemption of impounded property.
The owner or any person legally entitled to possession of any impounded personal property as provided for in this section may redeem the same as follows:
(1)
Before sale.
By paying to the impounder before sale, the applicable fees set out in subsection (h) of this section.
(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 30 days after the date of the sale, excluding the date of sale; otherwise title to the property shall become absolute in the buyer.
(d)
When impounded property to be sold.
When any personal property, other than motor vehicles, is not redeemed within 30 days after being impounded, the same may be sold in the manner designated by the city manager.
(e)
Notice of sale of impounded property.
Before selling any personal property as provided for in this section, the impounder shall post two notices thereof, one at the county courthouse door and one at the Main Street entrance of the city hall, and shall cause a copy thereof to be published in the official newspaper published in the city 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 sale. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold, designate the place of sale, the manner of sale, and state a time and date of sale which shall not be less than 14 days from the date of the first posting of such notices.
(f)
Procedure for selling impounded property.
When any impounded property is not redeemed by the date and time designated in the notice of sale, the impounder shall sell such property in the manner designated by the city manager, and execute a bill of sale of such property to the purchaser thereof; provided, that he 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 30 days in time, exclusive of the day of sale, without being redeemed by the owner of the impounded property.
(g)
Disposition of proceeds of sale of impounded property.
After deducting the fees to which the impounder is entitled pursuant to subsection (h) of this section, the impounder 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 30 days, they shall belong to the impounder.
(h)
Fees for impounding, storage, etc.
The fees as currently established or as hereafter adopted by resolution of the city council from time to time shall be charged and shall be paid to the impounder.
(Ordinance 821 adopted 4/24/17)