Any vehicle or other property or obstruction placed, left standing,
parked, erected or lying in violation of any provisions in this code
or left unattended for more than forty-eight (48) continuous hours
in or on any public street, alley, sidewalk, park, or other public
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.
(1984 Code, sec. 11.20)
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.
(1984 Code, sec. 11.21)
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; provided that the said 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 said property shall become absolute to the auction buyer.
(1984 Code, sec. 11.22)
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 8.04.073 [8.04.076] hereof, the chief of police shall sell the same at public auction to satisfy the lien of the city.
(1984 Code, sec. 11.23)
Before selling such personal property, other than motor vehicles,
the chief of police shall post two notices thereof, in public places,
and shall cause a copy thereof to the published in a daily newspaper
published in the city 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.
(1984 Code, sec. 11.24)
(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, or a 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 non-delivery of said registered mail, the chief of police shall prepare a notice of sale of such vehicle, in the manner described in section 8.04.075, shall send a copy of said notice to owner and lienholders, as shown by the records of the state department of transportation, by registered mail, and shall post and advertise said notices in the manner required in section 8.04.075. Notice by registered mail to the address shown on the records of the state department of transportation shall constitute a notice of the pending sale of such owner and lienholders.
(c)
When
the chief of police is unable to ascertain the names of the owners
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.
(1984 Code, sec. 11.25)
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.
(1984 Code, sec. 11.26)
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.
(1984 Code, sec. 11.27)
Impounded property which is offered for sale at public auction
in accordance with the procedure herein described, 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.
(1984 Code, sec. 11.28)
