(a) The Chief of Police, or any police officer designated by the Chief of Police, may order into storage any motor vehicle, trailer, or recreational vehicle, including an abandoned junk motor vehicle as defined in Section 359.03, which has been left on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer without notification to the Chief of Police, or any police officer designated by the Chief of Police, of the reasons for leaving the motor vehicle, trailer, or recreational vehicle in such place, and having received approval from the Chief of said designee to leave the motor vehicle, trailer, or recreational vehicle in such place.
The Chief of Police shall designate the approved place or places of storage of any motor vehicle, trailer, or recreational vehicle ordered removed by him or his designee. The Chief of Police shall immediately cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lien holder of a motor vehicle, trailer, or recreational vehicle ordered into storage by the Chief of Police or his designee and, if known, shall send notice to the owner or lien holder at his last known address by certified mail with return receipt requested, that the motor vehicle, trailer, or recreational vehicle will be declared a nuisance and disposed of if not claimed within ten days of the mailing of the notice. The owner or lien holder of the motor vehicle, trailer, or recreational vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle, trailer, or recreational vehicle. If the owner or lien holder makes no claim to the motor vehicle, trailer, or recreational vehicle within ten days of the date of mailing of the notice, and if the motor vehicle, trailer, or recreational vehicle is to be disposed of at public auction as provided in Section 359.04, the Chief of Police shall file with the Clerk of Courts of Ross County an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk of Courts shall without charge issue a certificate of title, free and clear of all liens and encumbrances, to the Chief of Police. If the motor vehicle, trailer, or recreational vehicle is to be disposed of to a junk yard or other facility as provided in Section 359.04, the Chief of Police shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle, trailer, or recreational vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief of Police shall retain the original of the affidavit for his records, and shall furnish two copies to the owner of the junk yard or other facility. Upon presentation of a copy of the affidavit by the owner of the junk yard or other facility, the Clerk of Courts shall issue to such owner a certificate of title, free and clear of all liens and encumbrances.
Whenever the owner of a junk yard or other facility receives an affidavit for the disposal of a motor vehicle, trailer, or recreational vehicle as provided in this section, such owner shall not be required to obtain an Ohio certificate of title to the motor vehicle, trailer, or recreational vehicle in his own name, if, within ten days of the receipt of the affidavit, the motor vehicle, trailer, or recreational vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
(b) The Chief of Police, or any police officer designated by the Chief of Police, may order into storage any vessel that has been left in a sunken, beached, or drifting condition for any period of time, or in a docked condition, or left on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for forty-eight consecutive hours or longer without notification to the Chief or his designee of the reasons for leaving the vessel in any such place or condition. The Chief or his designee shall designate the place of storage of any vessel ordered removed by him.
The Chief shall immediately cause a search to be made of the records of the division of watercraft to ascertain the owner and any lienholder of a vessel ordered into storage by the Chief, or his designee, and, if known, shall send notice to the owner and lienholder, if any, at his last known address by certified mail, return receipt requested, that the vessel will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lienholder of the vessel may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the vessel, certificate of United States coast guard documentation, or certificate of registration if the vessel is not subject to titling under Ohio R.C. 1548.01.
If the owner or lienholder makes no claim to the vessel within ten days of the date of mailing of the notice, and if the vessel is to be disposed of at public auction as provided in Section 359.04 of the Revised Ordinances, the Chief shall file with the Clerk of Courts of Ross County or in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk of Courts shall without charge issue a salvage certificate of title, free and clear of all liens and encumbrances, to the Chief and shall send a copy of the affidavit to the Chief of the division of watercraft. If the vessel is to be disposed of to a marine salvage dealer or other facility as provided in Ohio R.C. 1547.302, the Chief shall execute in triplicate an affidavit, as prescribed by the Chief of the division of watercraft, describing the vessel and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief shall retain the original of the affidavit for his records and shall furnish two copies of the marine salvage dealer or other facility. Upon presentation of a copy of the affidavit by the marine salvage dealer or other facility, the Clerk of Courts shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
Whenever the marine salvage dealer or other facility receives an affidavit for the disposal of a vessel as provided in this section, such owner shall not be required to obtain an Ohio certificate of title to the vessel in his own name if the vessel is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts. Upon receipt of such an affidavit, the Clerk of Courts shall send one copy of it to the Chief of the division of watercraft.
(Ord. 101-15. Passed 10-12-15.)