A. Vehicles Seven Years Old Or Newer:
1. a. Whenever an abandoned, inoperable, lost, stolen or unclaimed vehicle, seven (7) years of age or newer, remains unclaimed by the registered owner, or other person legally entitled to its possession, for thirty (30) days after the notice provided for in section 8.12.070 of this article has been given, the village shall cause the vehicle to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale, on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the village shall cause a notice of the time and place of the sale to be sent, by certified mail, to the registered owner or other person known by the village or towing service to be legally entitled to the possession of the vehicle which may include the lienholder. Such notices shall contain complete descriptions of the vehicle to be sold and what steps must be taken by a person legally entitled to reclaim the vehicle to do so.
b. If the postal authorities have returned the certified notice to the village because the addressee has moved or is unknown at the address obtained from the registration records of the state, the sending of a second certified notice is not required. If the owner of the impounded vehicle or part thereof cannot reasonably be ascertained, notice of the proposed sale shall be given at least twenty (20) days in advance by the publication once in a newspaper of general circulation in the county of such sale.
2. When the identity of the registered owner, or other person legally entitled to the possession, of an abandoned, lost, stolen or unclaimed vehicle, seven (7) years of age or newer, cannot be determined by any means provided for in this article, the vehicle may be sold, as provided in subsection A1 of this section, or disposed of in the manner set forth in subsection B of this section, without notice to such owner or other person.
B. Vehicles Older Than Seven Years: When an abandoned, lost, stolen or unclaimed vehicle of more than seven (7) years of age is impounded under this article, it will be kept in custody for a minimum of ten (10) days for the purposes of determining ownership, contacting the registered owner by mail, public service or in person for a determination of disposition and examining the state police stolen motor vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner, the code enforcement department will authorize the disposal of the vehicle as junk only.
C. Exemptions: Subsections A and B of this section do not apply to antique vehicles.
D. Possession By Lienholders: A lienholder asserting its right to possession of an impounded vehicle pursuant to its conditional sales agreement may obtain immediate release of such vehicle by paying the applicable towing and storage fees provided in this section and submitting a photocopy of the conditional sales agreement and title certificate, an affidavit stating that the purchaser is in default of the agreement and an indemnification certificate executed by an authorized agent of the lienholder. (Ord. 2004-O-04 § 4)