§ 92.44 DISPOSITION OF UNCLAIMED VEHICLES.

   The removal agency shall have the rights and obligations conferred upon it by SDCL Ch. 32-36 in regard to titling or disposition of such unclaimed abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions for this subchapter for the costs or reasonable charges in taking custody of and storing such vehicles.

(Prior Code, § 3.0305)

§ 92.45 MODIFICATION OF STATE LAW.

   For the purpose of this subchapter, SDCL § 32-30-12 is modified to read as follows: Whenever any vehicle is left unattended on any public road, highway, or highway right-of-way of this state, for a longer period than 24 hours, without notifying the sheriff or highway patrol office of the county or a peace officer of the municipality where said vehicle is parked, it shall be deemed to be an abandoned vehicle and subject to the provisions of SDCL §§ 32-30-13 through 32-30-18, inclusive, or in the alternative, the city may elect to proceed subject to the provisions of SDCL § §  32-36-2 through 32-36-11, inclusive, as if the abandoned vehicles as defined herein were included in SDCL § 32-36-2, Definition of Terms.

(Prior Code, § 3.0306)

§ 92.46 NOTICE TO REMOVE.

   (A)   Notice to remove. A notice in writing shall be served by the city upon any person having an abandoned, dismantled, or inoperable vehicle on his or her property requesting the removal of such motor vehicle in the time specified in this subchapter.

(Prior Code, § 3.0307)

   (B)   Content of notice. The notice in this section shall contain the request for removal within 14 days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this subchapter.

(Prior Code, § 3.0310)

§ 92.47 RESPONSIBILITY FOR REMOVAL.

   Upon proper notice, the owner of the abandoned, dismantled, or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.

(Prior Code, § 3.0308)

§ 92.48 NOTICE PROCEDURE.

   The city shall give notice of removal to the owner or occupant of the private property where the abandoned or inoperable vehicle is located. It shall constitute sufficient notice, when a copy of the notice is sent by registered or certified mail to the owner or occupant of the private property at his or her last known address.

(Prior Code, § 3.0309)