A. Prohibited Between Certain Hours: No person shall park any motor vehicle of any class between the hours of four o'clock (4:00) A.M. and four o'clock (4:00) P.M. on any street in the city after two inches (2") of snow has fallen, until such time as the snow has been plowed to the side of the street.
B. Impoundment:
1. Authorized: The police department of the city is hereby authorized to remove or authorize removal of any motor vehicle left in place, stored or parked in violation of this section.
2. Removal By Towing Agency: The physical removal of unauthorized vehicle under this section shall be done by towing agencies, which are preapproved by the chief of police. All towing agencies used shall be insured for any loss or damage done to any vehicles while in their custody. The city shall not assume any responsibility for any damages or loss of property done to or by such vehicle while in the custody of a towing agency.
3. Towing And Storage Fees: Any and all towing fees shall be paid in full to such towing agency, including storage, by the owner, possessor or operator of the vehicle so towed before the vehicle shall be released.
4. Collection Of Costs:
a. Liability Of Property Owner; Filing Of Notice Of Lien: The cost and expense of removing the motor vehicle as provided in this section shall be recoverable from the owner of the real estate and shall be a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that, within ninety (90) days after the completion of removing and disposing of such vehicle, the city manager or the city attorney shall file notice of lien for the cost and expenses incurred by the city in the office of the county recorder of deeds. Upon payment of all costs of removing and/or disposing of the vehicle, the lien shall be released by the city.
b. Enforcement Of Lien: The lien may be enforced by a proceeding to foreclose as in the case of mortgages or mechanics' liens. A suit to foreclose the lien shall be commenced by the city attorney within two (2) years after the filing of the notice of lien.
c. Court Action For Personal Judgment: If the city's cost of removing or disposing of the motor vehicle is not paid to the city within fifteen (15) days of the filing of the notice of lien, the city attorney may commence proceedings in the circuit court seeking a personal judgment from the owner, occupier or person in possession of the vehicle at the time the proceedings are commenced in the amount of such cost. The action authorized by this subsection shall be in addition to and without waiver of any other remedies.
C. Penalty: Any person violating this section shall be fined not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) and further paying in full any towing and storage cost, if any. (Ord. 02-1117, 11-18-2002)