A. Sale If Not Reclaimed:
1. If a vehicle is not reclaimed as provided in section 7-5-5 of this chapter within thirty (30) days after notification by registered mail or prescribed publication, the city police may sell it at public auction in the manner provided in Montana Code Annotated sections 25-13-701 through 25-13-709.
2. After any vehicle has been so sold, the former owner or person entitled to possession has no further right, title, claim or interest in or to the vehicle.
B. Certificate Of Sale:
1. When any vehicle is so sold, the city police, at the time of the payment of the purchase price, shall execute a certificate of sale in duplicate and shall deliver the original certificate to the purchaser and retain the copy.
2. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made as to the condition or title of the vehicle.
C. Issuance Of Certificate Of Ownership: The department shall issue a certificate of title upon presentation by the purchaser of the certificate of sale and payment of the fees required by law. (Ord. 386, 9-16-1991; amd. 2006 Code)
D. Transmitting Return Of Sale And Balance Of Proceeds:
1. When any vehicle is sold as provided in subsection A of this section, the city police shall transmit to the department and to the city clerk-treasurer, respectively, a return of sale setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale, and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
2. With the return of sale, the city police shall transmit to the city clerk-treasurer the balance of the proceeds of the sale after deducting the costs incurred in the sale and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
3. Upon receipt of the return of sale and such balance from the city police, the city clerk-treasurer shall file the return in his office and deposit the balance in the city street fund on all vehicles seized by the city police.
E. Determination Of Costs And Expenses: The costs incurred in the sale, and the costs and expenses incurred in the removal, storage and custody of the vehicle shall be the amount thereof actually incurred. If the vehicle is stored in or on city property, a charge of ten dollars ($10.00) per day for such storage shall be made. (Ord. 386, 9-16-1991)