When an abandoned motor vehicle or any property other than a junked motor vehicle, as defined in section 8.07.001, 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 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.
(1997 Code, sec. 95.30)
(a)
The
municipality shall have a lien on the impounded personal property
for all costs incurred in impounding, storing and advertising the
property and the lien shall be prior and superior to all other liens
of every kind, save and except liens for ad valorem taxes.
(b)
The
municipality may retain possession thereof until all costs are paid
and may sell the same as herein provided.
(1997 Code, sec. 95.31)
The owner or any person legally entitled to possession of the
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;
or
(2)
After
sale:
(A)
By paying to the buyer at the auction sale double the amount paid
by him or her for the 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.
(B)
If not redeemed within 30 days after the date of auction sale, title
to the property shall become absolute in the auction buyer.
(1997 Code, sec. 95.32)
(a)
Generally.
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)
Property other than motor vehicles.
(1)
Before selling the personal property other than motor vehicles, the
chief of police shall post 2 notices thereof, 1 at the United States
post office, and 1 at the entrance to the municipal hall, and shall
cause a copy thereof to be published in a newspaper published in the
municipality once a week for 2 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
the notices as herein required.
(c)
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 supply to him or her [sic] all
information the records of the department contained on the vehicle.
(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 subsection 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 the 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 the 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 the property at
public auction, and, as auctioneer, shall execute a 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 the sale, if any, to the owner
of the property.
(2)
If the owner fails to call for the proceeds, they shall be paid into
the general fund. Within 6 months after the 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.
(1997 Code, sec. 95.33)
(a)
The
chief of police shall keep a record book which shall contain a description
of all property impounded, the date and time of the 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 the sale, the name and address of the owner and lienholders, if
known, the name and address of the auction buyer, and any other information
as he or she may deem necessary.
(1997 Code, sec. 95.34)
