§ 135.42 Contracts for Towing, Storage and Disposal of Impounded Motor Vehicles
   (a)   Contracts Authorized. The Director of Public Safety may enter into contract for the following services:
      (1)   For the towing of vehicles and motor vehicles, including commercial vehicles, authorized to be impounded by these Codified Ordinances;
      (2)   For the storage of impounded vehicles and motor vehicles;
      (3)   For the disposal and salvaging of impounded vehicles and motor vehicles that are unclaimed or abandoned.
   (b)   Term. The term of any contract authorized by this section shall not exceed two (2) years with one (1) two (2) year option to renew, exercisable by the Director of Public Safety if authorized by additional legislative authority.
   (c)   Salvage Vehicle Proceeds. Each contract for the towing of non-commercial or commercial vehicles shall contain a provision that provides that the division of monies received when vehicles are salvaged shall be as follows: the towing firm that impounded the vehicle shall be paid thirty percent (30%) of the salvage proceeds. The storage company shall be paid sixty percent (60%) of the proceeds, not to exceed the amount authorized for its services in these Codified Ordinances. The City of Cleveland shall be paid ten percent (10%) of the proceeds, and shall also receive any monies that are not paid to the storage firms because the percentage to which they would otherwise be entitled exceeds the amount authorized for their services in these Codified Ordinances.
   (d)   Commercial Tow Rates. Each contract entered into under the authority of division (a)(1) for the towing of commercial vehicles shall require that the tower provide to the Director of Public Safety its schedule of commercial towing rates, which shall not be higher than those charged to its most favored customers. The Director of Public Safety shall have the right to audit the records of each commercial tower to verify compliance with this requirement, and may by contract impose sanctions on any vendor that fails to comply, up to cancellation of the contract. No changes to a commercial tower's schedule of rates shall take effect until thirty (30) days after written notice to the Director of Public Safety of the revised schedule.
   (e)   Payment for Process Tows and Other Costs by the Division of Police Authorized. Each contract for the towing of motor vehicles entered into under the authority of this section:
      (1)   Shall provide that the Division of Police shall pay the costs of towing any non-commercial or commercial vehicle in any case in which the vehicle was impounded for processing by the Division of Police and the person reclaiming the vehicle is the victim of a crime and is not liable for the towing fees under these Codified Ordinances; and
      (2)   May provide that the Division of Police pay the costs of disposal of solid wastes contained in impounded vehicles or incidental to the impoundment, and the costs of disposal of non-salvageable watercraft, vehicles or items, under such conditions as the Director of Public Safety may specify in the contract.
   The costs authorized to be paid by the Division of Police under this division shall be paid from the proper appropriation account as determined by the Director of Finance.
   (f)   Disposal Firms' Qualifications. Any contract for the services described in division (a)(3) of this section shall be performed by a motor vehicle salvage dealer as defined in RC 4738.01 or a scrap metal processor as defined in RC 4737.05.
(Ord. No. 1543-12. Passed 12-3-12, eff. 12-6-12)