Any property except motor vehicles regulated in article 8.02 of this chapter 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) hours in or on any public street, alley, sidewalk, park or other public place of the city is declared to a nuisance, and any such property when so found shall be removed by any police officer of the city and taken to the police department. It shall be kept there until redeemed or sold as provided in this article.
(1989 Code, sec. 9-71; 2009 Code,
sec. 8.03.001)
Nothing herein shall apply to, alter or affect the provisions of chapter 2 regulating the impounding and sale of animals, nor shall this article apply to, alter or affect the provisions of any ordinance regulating the impounding and sale of motor vehicles regulated by article 8.02 of this chapter.
(1989 Code, sec. 9-72; 2009 Code,
sec. 8.03.002)
The city shall have a lien on such impounded personal property
for all costs incurred in impounding, storing and advertising such
property. Such lien shall be prior and superior to all other liens
of every kind, save and except liens for ad valorem taxes. The city
may retain possession of such property until all costs are paid and
may sell the same as provided in this article.
(1989 Code, sec. 9-73; 2009 Code,
sec. 8.03.003)
When any personal property is not redeemed within sixty (60) days after being impounded as provided in section 8.03.001, the chief of police shall sell the same at public auction to satisfy the lien of the city.
(1989 Code, sec. 9-74; 2009 Code,
sec. 8.03.004)
(a)
Before
selling such personal property, the chief of police shall post two
(2) notices, one (1) at the county courthouse door and one (1) at
the city hall, and a copy thereof shall be published in a daily newspaper
published in the city once a week for two (2) consecutive weeks. The
date of the first publication shall be at least fourteen (14) days
prior to the day of the auction sale.
(b)
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.
(c)
When
any impounded property 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. As city auctioneer, he shall execute a conditional
bill of sale of the property to the purchaser thereof. The conditional
bill of sale shall be effective until the title of the buyer has become
absolute by the expiration of thirty (30) days in time exclusive of
the day of sale without being redeemed by the owner of the impounded
property.
(1989 Code, sec. 9-75; 2009 Code,
sec. 8.03.005)
The owner or any person legally entitled to possession of impounded
personal property may redeem such property 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 property as determined
by the chief of police.
(1989 Code, sec. 9-76; 2009 Code,
sec. 8.03.006)
The owner or any person legally entitled to impounded personal
property may redeem such property after sale by paying to the buyer
the amount paid by him for such personal property and any reasonable
expenses incurred by him for keeping the property. The property must
be redeemed from the auction buyer within thirty (30) days after the
date of the auction sale, excluding the date of sale; otherwise, title
to the property shall become absolute in the auction buyer.
(1989 Code, sec. 9-77; 2009 Code,
sec. 8.03.007)
After deducting the impounding fee and all other actual expenses
incurred by the city 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 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.
(1989 Code, sec. 9-78; 2009 Code,
sec. 8.03.008)
Impounded property which is offered for sale at public auction in accordance with the procedure prescribed in section 8.03.005 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 section 8.03.008.
(1989 Code, sec. 9-79; 2009 Code,
sec. 8.03.009)
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 receipt 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 other information
as he may deem necessary.
(1989 Code, sec. 9-80; 2009 Code,
sec. 8.03.010)
Fees charged under this article shall be paid into the city
treasury. Such fees are on file in the office of the city secretary
and are subject to periodic revision by the city. Fees shall be charged
for the following:
(1)
Taking
and impounding any personal property.
(2)
Preparing
advertisements of sale for each article.
(3)
Selling
each article.
(4)
Posting
notices of sale relating to any one (1) article.
(1989 Code, sec. 9-81; Ordinance
adopting 2009 Code; 2009 Code, sec. 8.03.011)
