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(a) A hearing requested pursuant to Section 523.04 of these Celina Codified Ordinances shall be held as soon as practicable after the filing of the request. Persons requesting a hearing shall be advised of the time and place of said hearing. The scope of said hearing shall be limited to the following issues:
(1) Whether the person requesting the hearing is in charge or control of the private property as charged; and
(2) Whether the motor vehicle is junked or inoperative as charged.
(b) At any such hearing the City and the persons to whom notices have been directed may introduce such witnesses and evidence as each party deems necessary. The Safety-Service Director shall then affirm, reverse, or modify the order by use of a “final order”.
(Ord. 29-12. Passed 8-13-12.)
(a) The impoundment of vehicles under authority of the provisions of this Chapter of these Celina Codified Ordinances shall be construed as an enforcement procedure for the protection of the public peace, safety, and welfare, and for the safeguarding of property.
(b) Impoundment under this Chapter of these Celina Codified Ordinances shall be used generally for:
(1) Prevention and removal of traffic and fire hazards;
(2) Prevention and abatement of public nuisances;
(3) Protection of public rights in the use of City streets, highways, and roadways from obstructions placed and left in derogation of those rights;
(4) Amelioration of urban blight.
(Ord. 29-12. Passed 8-13-12.)
Officers of the Police Department of the City are authorized, within the limits set forth in this Chapter of these Celina Codified Ordinances, to impound vehicles under the circumstances enumerated in Section 523.08 of these Celina Codified Ordinances. The Officers of the Police Department of the City shall follow all applicable laws associated therewith, including but not limited to Ohio Revised Code 4513.63, as amended from time to time. Nothing contained within this Chapter of these Codified Ordinances shall be construed in any manner as limiting the authority of the Officers of the Police Department of the City to impound vehicles as otherwise provided by law.
(Ord. 29-12. Passed 8-13-12.)
(Ord. 29-12. Passed 8-13-12.)
Members of the Police Department of the Cityare authorized to remove or direct the removal of a vehicle under any of the following circumstances:
(a) Vehicles junked on private property.
(1) If a violation of Section 523.02 and/or Section 523.03 of these Celina Codified Ordinances has not been remedied within the ten (10) calendar day period of compliance, or in the event that a request for a hearing is timely filed as set forth in Section 523.04 of these Celina Codified Ordinances, a hearing is held, and the “final order” issued pursuant to Section 523.05(b) of these Celina Codified Ordinances is not timely appealed pursuant to Ohio Revised Code 2505.01, et seq. (Revised Code 2505.07, as amended from time to time), and the existence of such alleged violation hereunder is thereby affirmed, the vehicle may be impounded.
(2) The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of this chapter shall not remedy a violation of Section 523.03, and a vehicle so moved remains subject to impoundment by police.
(Ord. 29-12. Passed 8-13-12.)
(a) Except as otherwise provided, any vehicle impounded under authority of this chapter shall be stored and held safely until released pursuant to a written order signed by the Police Chief of the City, or an authorized agent of the Police Chief.
(b) The order of release is conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle.
(c) Storage charges for each junk motor vehicle shall be in accordance with Celina Codified Ordinance Section 303.11 as amended from time to time.
(Ord. 5-21. Passed 3-22-21.)
(a) Whenever a police officer removes a vehicle as authorized in this chapter and the officer knows or is able to ascertain from the registration records in the vehicle, the name and address of the owner thereof, such officer shall in timely manner give or cause to be given notice in writing to the owner of the fact of such removal and the reasons therefore and of the place to which the vehicle has been removed.
(b) Whenever a police officer removes a vehicle under this chapter and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in subsection (a) hereof, the officer shall cause a search of the records of the State Department of Transportation, Bureau of Motor Vehicles to be made within three days of such removal to ascertain the name of the owner. Notice by certified mail with return receipt requested shall be sent to the owner of the motor vehicle at his last known address within three days after the results of said search are received. The officer shall mail to the State Department of Transportation, Bureau of Motor Vehicles and file with the proprietor of any place where the vehicle may be stored a copy of such notice. Such notice shall include a complete description of the vehicle, the date and time of removal, the place from which removed, the reasons for such removal, and the name of the place where the vehicle is stored.
(Ord. 29-12. Passed 8-13-12.)
(a) The Police Department, subject to the provisions of this chapter, is authorized to release impounded vehicles and to accept, on behalf of the City and as applicable, agreements to save and hold the City harmless signed by the person to whom the vehicle is released.
(b) The Department of Police will release an impounded vehicle to a registered owner or the registered owner's representative upon presentation of the following:
(1) Personal identification containing a photograph, such as a valid driver’s license or a state issued identification card, unless the individual is otherwise known to the Police Department;
(2) A certificate of title for the impounded vehicle, which is not a "jumped" or "signed over" title; and
(3) A notarized power of attorney from the registered owner, if the person claiming the vehicle is not the registered owner and does not have a secured interest in the impounded vehicle. The power of attorney document must be on a form approved by the Director of Law for the City.
(c) The Department of Police will release an impounded vehicle to a party having a secured interest in an impounded vehicle upon presentation of the following:
(1) Proof of a secured interest in the impounded vehicle, such as the certificate of title with the interest noted thereon; and
(2) A signed release holding the City and its elected officials, officers and employees harmless from all liability for release of the impounded vehicle. Such release shall be on the form approved by the Director of Law for the City.
(d) If the person obtaining the release of an impounded vehicle pursuant to this section cannot satisfy all applicable federal, state and local laws for the operation of a vehicle, the vehicle must be removed from the impound facility by an insured towing service.
(e) The Police Department shall retain a copy of the instruments and documents required by this section.
(Ord. 29-12. Passed 8-13-12.)
(Ord. 29-12. Passed 8-13-12.)
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