(A) Discovery, notice and declaration of abandonment. In addition to the enforcement procedures as set forth in § 91.33, when a city police officer (“officer”) discovers a vehicle in the possession of a person other than the owner of the vehicle, and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer. The Indiana Bureau of Motor Vehicles shall be notified within 72 hours of the location and description of a vehicle described herein. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle under this subchapter. Pursuant to I.C. 9-22-17, the Bureau shall declare a vehicle abandoned and provide for disposal under this subchapter if:
(1) The owner or lienholder under division (C) below does not appear and pay all costs; or
(2) The owner of a vehicle cannot be determined by a search under division (K) below.
(B) Release to owner or lienholder of stored vehicle. If the properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts, and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released. The city shall notify the appropriate public agency of all releases under this section. The notification must include the name, signature and address of the person that owns or holds a lien on the vehicle, a description of the vehicle or parts, costs, and the date of release.
(C) Tagging abandoned or junk vehicle or parts. An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, public agency, and address and telephone number to contact for information;
(2) That the vehicle or parts are considered abandoned;
(3) That the vehicle or parts will be removed after:
(a) Twenty-four hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under I.C. 8-23-4; or
(b) Seventy-two hours, for any other vehicle;
(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle;
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:
(a) Twenty-four hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under I.C. 8-23-4; or
(b) Seventy-two hours, for any other vehicle.
(D) Officer's abandoned vehicle report. If a vehicle or a part tagged under division (C) above is not removed within the applicable period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition and missing parts. Photographs may be taken to describe the condition of the vehicle or parts.
(E) Vehicle or parts valued at less than $1,000. If the vehicle is an abandoned vehicle and the market value of the vehicle or parts is less than $1,000, the towing service shall immediately transfer the vehicle to a storage yard. A copy of the abandoned vehicle report and photographs, if applicable, relating to the abandoned vehicle shall be provided to the storage yard. A towing service or storage yard may dispose of the abandoned vehicle not less than 30 days after the date on which the towing service removed the abandoned vehicle. The public agency or storage yard disposing of the vehicle shall retain the original records and photographs for at least two years. If the vehicle is demolished, a copy of the abandoned vehicle report shall be forwarded to the Bureau by the automobile scrap yard after the vehicle has been demolished.
(F) Vehicle or parts valued at $1,000 or more. If in the opinion of the officer the market value of the abandoned vehicle or parts is at least $1,000, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts, or who may be in control of the vehicle or parts. After 72 hours, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.
(G) Discovery of vehicle abandoned on rental property.
(1) A person who finds a vehicle believed to be abandoned on private property that the person owns or controls, including rental property may:
(a) Obtain the assistance of an officer under division (J) below to have the vehicle removed; or
(b) Personally arrange for the removal of the vehicle by complying with division (B) above and division (H) below.
(2) If the person wishes to personally arrange for the removal of the vehicle, the person shall attach in a prominent place a notice tag containing the following information:
(a) The date, time, name and address of the person who owns or controls the private property, and a telephone number to contact for information;
(b) That the vehicle is considered abandoned;
(c) That the vehicle will be removed after 24 hours;
(d) That the person who owns the vehicle will be held responsible for all costs incidental to its removal, storage, and disposal;
(e) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 24 hours.
(H) Towing vehicle from rental property.
(1) If after 24 hours the person who owns a vehicle believed to be abandoned on private property has not removed the vehicle from the private property, the person who owns or controls the private property on which the vehicle is believed to be abandoned may have the vehicle towed from the private property.
(2) Notwithstanding division (H)(1) above, in an emergency situation a vehicle believed to be abandoned on private property may be removed immediately. As used in this division, EMERGENCY SITUATION means that the presence of the vehicle believed to be abandoned interferes physically with the conduct of normal business operations of the person who owns or controls the private property or poses a threat to the safety or security of persons or property, or both.
(I) Notice to public agency of vehicle abandoned on rental property. A towing service that tows a vehicle under division (H) above shall give notice to the public agency that the abandoned vehicle is in the possession of the towing service.
(J) Complaint by person owning or controlling private property. Under complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in divisions (C) through (F) above.
(K) Abandoned vehicle report.
(1) Within 72 hours after removal of an abandoned vehicle to a storage yard or towing service under divisions (E), (F) or (H) above, the public agency or towing service shall conduct a search of national databases, including a database of vehicle identification numbers, to attempt to obtain the last state of record of the vehicle in order to attempt to ascertain the name and address of the person who owns or holds a lien on the vehicle.
(2) (a) A public agency or towing service that obtains the name and address of the owner of or lienholder on the vehicle shall, not later than 72 hours after obtaining the name and address, notify the person who owns or holds a lien on the vehicle of the name, address, and telephone number of the public agency or towing service.
(b) The notice must be made by certified mail or a certificate of mailing or by means of an electronic service approved by the Bureau.
(3) Notwithstanding I.C. 9-22-1-4, a public agency or towing service that fails to notify the owner of or the lienholder on the vehicle, as set forth in this division, may not collect additional storage costs incurred after the date of receipt of the name and address obtained.
(L) Means of vehicle identification not available; disposal without notice. If a vehicle or parts are in such a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of without notice.
(M) Purchasers at public sales. A person that purchases a vehicle under this subchapter shall be furnished a bill of sale for each abandoned vehicle sold by the public agency, upon paying the fee for a bill of sale imposed by the public agency. The fee may not exceed $6 for each bill of sale. A person that purchases a vehicle under this subchapter must:
(1) Present evidence from a law enforcement agency that the vehicle purchased is roadworthy, if applicable; and
(2) Comply with the applicable requirements under I.C. 9-17 to obtain a certificate of title for the vehicle.
(N) Payment of removal, storage and disposition costs. The costs for removal and storage of an abandoned vehicle or parts not claimed by the person who owns or holds a lien on a vehicle shall be paid from the abandoned vehicle account established under division (Q) below. The charge payable by the person who owns or holds a lien on a vehicle for towing, storing, or removing an abandoned vehicle or parts may not exceed the limits established by ordinance adopted under division (Q) below.
(O) Sale proceeds credited against removal, storage and disposition costs. The proceeds of sale of an abandoned vehicle or parts under this subchapter shall be credited against the costs of the removal, storage, and disposal of the vehicle.
(P) Sales; deposit of proceeds; payment of public agency costs; appropriations.
(1) This division applies to sales of abandoned vehicles or parts by local units.
(2) The proceeds from the sale of abandoned vehicles or parts, including:
(a) Charges for bills of sale; and
(b) Money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles; shall be deposited with the Clerk-Treasurer and placed by the Clerk-Treasurer in the city’s Abandoned Vehicle Fund.
(3) The costs incurred by the city in administering this subchapter shall be paid from the Abandoned Vehicle Fund.
(4) The fiscal body shall annually appropriate sufficient money to the Fund to carry out this subchapter. Money remaining in the Fund at the end of a year remains in the Fund and does not revert to the General Fund.
(5) Notwithstanding division (P)(4) above, the City Council may transfer money from the Fund.
(Q) Abandoned Vehicle Fund. There is hereby created the City of Berne Abandoned Vehicle Fund, which shall be a revolving fund, and all moneys paid to the city for the cost of removal, storage and disposal of abandoned vehicles shall be placed in the Fund and in no other place. The Fund shall also have added to it such moneys as may be appropriated by the Common Council, and such moneys also shall not revert but shall remain in the Abandoned Vehicle Fund.
(R) Liability for loss or damage to vehicle or vehicle parts. The following are not liable for loss or damage to a vehicle or parts occurring during the removal or storage of a vehicle or parts under this subchapter:
(1) A person who owns, leases, or occupies property from which an abandoned vehicle or its contents or parts are removed;
(2) A public agency;
(3) A towing service;
(4) An automobile scrap yard or storage yard;
(5) An agent of a person or entity listed in divisions (R)(1) through (R)(4) above.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18)