Whenever, pursuant to the terms of this chapter, a vehicle has been impounded for a period of thirty (30) days and no claim of ownership or the right to possession has been made, and whenever a claim has been made but not established to the satisfaction of the City or the contract tow operator within thirty (30) days, and no suit or action to determine the same has been instituted and is pending, the vehicle may be sold in the following manner:
A. The City or contract tow operator will publish all unclaimed vehicles and the date the unclaimed vehicle will be sold on a City of Colorado Springs website, on a page designated for impounded vehicle information. The posting will include a description of the vehicle to be sold, the names of the registered or legal owner, and lienholder, if ascertained, and the time, place and manner of the sale.
B. In accord with the terms of a notice given as provided in section 10.25.104
of this article, or without giving notice if no person claiming an interest in the vehicle is known, a sale of the vehicle by auction may be had to satisfy any valid claims of the City or contract tow operator for the storage, removal and sale of the vehicle, and to discharge the City or contract tow operator from further responsibility in connection with the vehicle, and from any duty to further retain or store the vehicle. The sale shall be held in the place where the vehicle is impounded or at the nearest suitable place, or through an online service approved by the City.
C. If the City is responsible for the sale of unclaimed vehicles, the City department responsible for impounding the vehicle will retain all reasonable charges that occur as a result of the removal, storage, advertisement and sale from the proceeds of the vehicle sale. The balance, if any, of the proceeds will be paid into the City general fund.
D. If a contract tow operator is responsible for the sale of unclaimed vehicles, the contract tow operator may sell the motor vehicle and its attached accessories and equipment or personal property within or attached to the vehicle that are not redeemed by the last-known owner of record or lienholder after complying with the requirements of this section. The contract tow operator will follow all state and federal laws, as well as any state regulatory agency rules regarding the sale of unclaimed vehicles in their possession.
The proceeds of the sale of any motor vehicle and its attached accessories or equipment by a contracted tow operator will be disbursed in the following manner:
1. The proceeds shall first satisfy the contracted tow operator's reasonable costs and fees arising from the sale of the motor vehicle and the cost and fees of towing and storing the vehicle as specified in rules promulgated by the PUC.
2. The balance, if any, will be distributed as outlined in the City's contract with the tow operator.
E. When any vehicle is offered for sale or auction pursuant to the terms of this section, and there is no bid or offered bid for the same, the vehicle may be offered for sale again, sold as scrap pursuant to Colorado law, or with the approval of the Chief of Police, converted to City use. The Police Department will keep a permanent record of all vehicles put to City use and its final disposition. Vehicles no longer needed for City use will either be sold, scrapped, or disposed of as determined by the City department using the vehicle.
F. Within thirty (30) days from the date of sale any person claiming to be entitled to any portion of the proceeds may request a refund from the City. Upon such request, the City shall make, or cause to be made, a thorough examination into the merits of the refund, determine whether it is justified, and approve or disapprove the same. Failure of any person to request the initiation of a refund within thirty (30) days from the date of the sale, shall be conclusive of the fact that the person has no meritorious claim for a refund, and the person shall not be entitled to a refund.
G. There shall be no right to redemption from any sale made pursuant to the terms of this section, and after a vehicle has been sold pursuant to the terms, neither the City nor any officer, agent, operator, or employee shall be liable for failure to deliver the vehicle to anyone other than the purchaser or purchasers at the sale. (1968 Code §6-25-6; Ord. 75-86; Ord. 88-181; Ord. 01-42; Ord. 11-19; Ord. 22-73; Ord. 24-07)