(A) An officer who finds a vehicle or parts believed to be abandoned, a traffic hazard or a vehicle parked in violation of a traffic ordinance shall do the following: The police officer shall identify the vehicle or parts to be removed and classify the vehicle or parts as abandoned, a traffic hazard or a vehicle parked in violation of a traffic ordinance.
(B) If the vehicle or parts are classified as “abandoned,” the police officer shall attach in a prominent place on the vehicle or parts a notice tag which shall constitute service of notice to the vehicle owner.
(C) The notice placed on the vehicle or parts shall contain the following information:
(1) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(2) That the vehicle or parts are considered abandoned;
(3) That a hearing will be held within 48 hours regarding the towing of this vehicle or parts;
(4) The date, time and place of the hearing; and
(5) That the owner may avoid a hearing, towing and storage charges by removing the vehicle or parts prior to the date of the hearing and notifying the appropriate agency of the removal.
(D) If the vehicle or parts are classified as a traffic hazard or a traffic violation, or if any other emergency exists requiring immediate removal of the vehicle, the vehicle or parts can be summarily towed or removed. Where the owner is identified, the police officer shall immediately serve a notice of hearing concerning the towing or removal of the vehicle or parts that shall be held within 48 hours of service of notice. Where the owner is not identified, the police officer shall conduct a reasonable search for the owner. Once the owner is identified, the officer shall issue notice to the owner and a hearing shall be held within 48 hours of service of notice. The notice shall state:
(1) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(2) That the vehicle or parts are considered a traffic hazard or parked in violation of a traffic ordinance;
(3) That the vehicle or parts have been towed or removed and the location of the vehicle or parts;
(4) That a post-tow hearing shall convene within 48 hours regarding the towing of this vehicle and the charges therefor;
(5) The date, time and place of the post-tow hearing;
(6) That the owner may reclaim the vehicle or parts prior to the hearing if the owner posts bond in an amount equal to the towage and storage fees; and
(7) That the owner must pay towing and storage fees if the hearing officer finds in favor of the municipality. The owner will not be required to pay any charges and any bond will be refunded if the hearing officer finds in favor of the owner.
(E) If the owner fails to appear at the time and place specified, or if the owner appears and fails to establish non-violation of this chapter, the following may occur:
(1) The police officer shall prepare a written abandoned vehicle report of the vehicle or parts including information on the condition, missing parts and other facts that might substantiate that the market value is less than $100. Photographs shall be taken to describe the condition of the vehicle or parts. At the hearing, the owner may present evidence on the value of the vehicle.
(2) If, in the opinion of the hearing officer, the market value of the abandoned vehicle or parts is less than $100, the police officer shall, after the expiration of 5 calendar days from the date the notice is placed on the vehicle pursuant to division (D)(2), dispose of the vehicle to an automobile impound. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau. The Police Department shall retain the original records and photographs for at least 2 years.
(3) If, in the opinion of the hearing officer, the market value of the abandoned vehicle or parts is $100 or more, the police officer shall, after the expiration of 5 calendar days from the date the notice is placed on the vehicle pursuant to division (D)(2), require the vehicle or parts to be towed to a storage area.
(1979 Code, § 95.28) (Ord. 3488, passed 10-17-1983)
Statutory reference:
Abandoned vehicle removal procedure, see I.C. 9-22-1