[Code 1967, § 340.0012; Code 1997, § 98-106]
(a)
Abandonment of vehicles. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home ("vehicle") on any public highway or public property in the village for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. No person shall leave an inoperable, wrecked, junked or unlicensed vehicle or a vehicle with expired plates on any public highway or public property in the village for more than 72 hours. A vehicle shall be deemed to have been abandoned within the meaning of this section whenever it has been allowed to remain on such public highway or public property in the village for more than 72 hours after a police officer places a parking citation on the vehicle and 48 hours after mailing a notice to the last known address of the registered owner if known or reasonably ascertainable. The notice shall inform the owner of the manner of avoiding a declaration of abandonment, the means of reclaiming the vehicle should it be deemed abandoned, and the availability of an informal hearing with the chief of police.
(b)
Abandoned vehicles on private property. A vehicle shall be deemed abandoned after it has been allowed to remain on any private property in ordinary public view without the consent of the property owner, lessee or agent and for longer than 72 hours after a police officer places a parking citation on the vehicle and 48 hours after mailing a notice to the last known address of the owner if known or reasonably ascertainable.
(c)
Removing and impounding. The village is authorized to remove or cause to be removed any vehicle which reasonably appears to be in violation of subsection (a) or (b) of this section. At such time as charges for removal and storage are paid, the vehicle shall be released to its owner. Whenever the citation upon which removal and storage is authorized is dismissed by the police chief, the village attorney or by the municipal court, the village shall release the vehicle without requiring payment of charges for removal and storage and shall refund any such charges that shall have been previously paid. The owner of the vehicle shall be entitled to an informal hearing with the police chief concerning the amount of accrued towing and storage charges.
(d)
Disposal of unclaimed vehicles.
(1)
Any vehicle deemed abandoned by the police chief shall be retained in storage for a period of not less than 30 days after certified mail notice has been sent to the owner and lienholders of record at their last known addresses. Such notice shall inform the owner and lienholders of any rights to reclaim personal property located within the vehicle, any right to reclaim the vehicle within ten days, and the amount of storage charges which are accruing. Such notice shall set forth the year, make, model and serial number of the abandoned vehicle (if known), the place where the vehicle is being held and that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this section shall be deemed a waiver of all right, title or interest in the vehicle and a consent to the sale of the vehicle. Any retained vehicle not reclaimed by its owner or lienholders may be sold.
(2)
If the vehicle has not been reclaimed, the village may dispose of the vehicle by sealed bid or auction sale after the vehicle shall have been stored and notice given as provided in subsection (d)(1) of this section. At such sale, the highest bid for any such vehicle shall be accepted unless the same is deemed inadequate by the police chief, in which event all bids may be rejected. If all bids are rejected or no bid is received, the village may either readvertise the sale, adjourn the sale to a definite date, sell the vehicle at a private sale, or sell the vehicle for scrap. Any interested person may offer bids on any abandoned vehicle to be sold. Notice of the sale shall be published in a daily newspaper having a general circulation in the village for three consecutive days. The same notice may include one or more vehicles. Upon sale of an abandoned vehicle, the village shall supply the purchaser with a document enabling the purchaser to obtain a certificate of title for the vehicle. The purchaser shall have ten days to remove the vehicle from the storage area but shall pay a reasonable storage fee established by the village for each day the vehicle remains in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle, and the vehicle shall be deemed to be abandoned and may be sold again.
(3)
The owner of an abandoned vehicle is responsible for all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle in accordance with subsection (2) of this section, may be recovered in a civil action by the village against the owner. The village shall be responsible to any towing service for requisitional towing service and reasonable costs for impoundment whether or not the village recovers the cost of the towing service and impoundment. This provision does not apply to stolen vehicles.