(A) Removal by city. The city, through the Police Department or other department as designated by the City Manager, may take into custody any motor vehicle which is abandoned, wrecked, dismantled or inoperable upon public property, or upon private property with the consent of the owner. The Department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned or inoperable vehicles.
(B) Notice to owner and lienholders.
(1) (a) Within three business days of the removal of the abandoned or inoperable vehicle, the Police Department shall verify ownership of such motor vehicle. The Police Department shall, within three business days after receiving verification of ownership, notify by registered mail, return receipt requested, the last known registered owner of the motor vehicle and all lien holders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned, immobile, or unattended motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lienholders of their right to reclaim the motor vehicle within ten days after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and consent to the sale of the abandoned, immobile, or unattended motor vehicle at a public auction.
(b) The Police Department is not required to comply with the requirements of division (B)(1) if it provides pre-seizure notice to the owner of the motor vehicle and all lienholders of record that the vehicle has been found to be abandoned, immobile, or unattended. Any pre-seizure notice shall be sent by registered or certified mail, return receipt requested, to the last known address of the owner of record and to all lienholders of record. The notice shall be written in plain language and shall contain the year, make, model and vehicle identification number of the motor vehicle, if ascertainable, the location of the motor vehicle, and a statement advising the owner that the owner has ten days to appeal the determination by the Police Department that the vehicle is abandoned, immobile, or unattended or to remove the vehicle from the property, or the Police Department shall take the abandoned, immobile, or unattended vehicle into custody. The notice shall further inform the owner and any lienholders of their right to reclaim the motor vehicle after it is taken into custody but before it is sold or demolished, upon payment of all towing, preservation, storage or any other charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and consent to the demolition of the vehicle or its sale at a public auction. If the owner or lienholder cannot be located through the exercise of due diligence, notice by publication shall be given as set out in division (B)(2). If the owner or lienholder of an abandoned, immobile, or unattended motor vehicle fails to appeal the determination that the vehicle is abandoned, immobile, or unattended or fails to remove the motor vehicle within the time allowed for an appeal, the Police Department may take the vehicle into custody. If an appeal is made, the motor vehicle shall not be taken into custody while the appeal is pending. Failure to appeal within the specific time period shall, without exception, constitute waiver of the right of appeal.
(2) If there is no response to the notice by certified mail provided for in division (B)(1) of this section, then there shall be notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned. The notice shall be in a small display ad format, but one advertisement may contain multiple listings of abandoned vehicles.
(C) Sale at public auction. If an abandoned motor vehicle has not been reclaimed within the time allowed, the city shall sell the motor vehicle at a public auction. The proceeds of the sale of an abandoned motor vehicle shall be used for payment of the expenses of the auction, the cost of towing, preserving and storing the motor vehicle, and all notice and publication costs incurred pursuant to this chapter. Any remainder from the proceeds of the sale shall beheld for the owner or lienholder for 45 days, and then shall be deposited in the General Fund.
(D) Disposition of inoperable vehicles. Notwithstanding any other provisions of this chapter, the city may dispose of an abandoned automobile found on public or private property without title and without the notification procedures of this section if the motor vehicle is over five years old and has no engine or is otherwise totally inoperable.
(1989 Code, § 13-403) (Ord. 1486, passed 7-9-2015)