[Amended 9-10-1991 by Ord. No. 91-O-22]
Whenever the owner of any motor vehicle or the person, firm or corporation entitled to the possession of any motor vehicle or part thereof in the custody of the City of College Park cannot be located and fails to claim said motor vehicle or part thereof for a period of 30 days after said motor vehicle or part thereof came into the custody of said city, the same may be disposed of by the city at public sale at some place which shall be convenient and accessible to the public at any time between the hours of 10:00 a.m. and 6:00 p.m., provided that the time, place and terms of said sale, together with a full detailed description of said motor vehicle or part thereof shall be inserted in one or more newspapers published in the city or county where said sale is to take place at least once each week for two successive weeks prior to said sale, and provided further that a registered notice shall be mailed at least 10 days prior to said sale to the owner and lienholder, if any, shown on the records of the Maryland Department of Transportation Motor Vehicles Administration or to the person, firm or corporation entitled to the possession of said motor vehicle or part thereof if his/her or its address is known or if it can be ascertained by the exercise of reasonable diligence.
A. If said address cannot be ascertained by the exercise of reasonable diligence, then such notice shall not be required to be given.
B. Any excess in the amount of the selling price of said motor vehicle or part thereof at said sale, over and above the expenses thereof and the amount of the storage and repair charges incurred by the city during the period in which said motor vehicle or part thereof was in its custody and after the payment of all liens to which said motor vehicle or part thereof may be subject, in order of their priority, shall be accounted for and remitted by said city to the Finance Director, who shall create a special fund therefor.
C. If the owner or person, firm or corporation entitled to the possession of said motor vehicle or part thereof shall present to the City of College Park a claim for such excess at any time within one year from the date of the sale, the Finance Director, with the authorization and consent of the Mayor and Council, shall draw a warrant upon said special fund for such excess, and such excess thereupon shall be paid by the Finance Director to said owner or person, firm or corporation entitled to the possession of said motor vehicle, or part thereof.
D. If no claim for the excess is made within one year from the date of the sale, said excess shall be transferred from the special fund to the general funds of the City of College Park to be expended and used as are other fees collected by the city.