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§ 95.062 ABANDONED VEHICLE FUND.
   (A)   There is created the Abandoned Vehicle Fund which shall be a revolving fund, and all monies paid to the city for the cost of removal, storage and disposal of abandoned vehicles shall be placed in the fund and in no other place. Monies in existing accounts designated for the removal, storage and disposal of abandoned or junk vehicles under previously enacted ordinances shall be transferred to the abandoned vehicle fund created herein. The Fund shall also have added to it such monies as may be appropriated by the Council.
   (B)   The costs of removal and storage of an abandoned vehicle or parts not claimed by the owner or lienholder shall be paid from the Abandoned Vehicle Fund. The proceeds of sale of an abandoned vehicle or parts by the Police Department in accordance with § 95.065(B) and (C) shall be credited against all costs and shall be incident to the removal, storage and disposal of the vehicle. All monies remaining in the fund at the end of each year shall remain in the Fund and shall not revert to the General Fund.
   (C)   The monies in the fund shall be expended and used only for the purposes enumerated in I.C. 9-22-1, providing for the disposal of abandoned vehicles.
(1979 Code, § 95.27) (Ord. 3488, passed 10-17-1983)
§ 95.063 REMOVAL PROCEDURE.
   (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
§ 95.064 NOTICE OF OWNERSHIP.
   (A)   After removal of a vehicle to a storage area under § 95.063, the Police Department shall prepare and forward to the Bureau an abandoned vehicle report containing a description of the vehicle including the make, model, readily available vehicle identification number, and the number of the license plate, and request that the Bureau advise the Department of the name and most recent mailing address of the owner and any lienholder.
   (B)   If a reasonable search discloses the name and address of the owner or lienholder, written notice by first class mail shall be served on the owner, with a copy to any lienholder indicating that the vehicle or parts have been impounded at a certain location and must be removed within 15 days of the date of mailing of the notice and advising that the vehicle or parts will be disposed of after that time, and advising the owner or any lienholder that all costs incurred in removing and storing the vehicle or parts are his or her legal responsibility.
(I.C. 9-22-1-19) (1979 Code, § 95.29) (Ord. 3488, passed 10-17-1983)
§ 95.065 DISPOSAL OF VEHICLES.
   (A)   Unidentifiable vehicles. If the vehicle or parts are in such condition that vehicle identification numbers or other means of identification are not available to determine the owner or lienholder, the vehicle may be disposed of without notice.
   (B)   Vehicles valued at less than $500.
      (1)   If, in the opinion of the officer, the market value of the abandoned vehicle or parts is less than $500, the officer may release the vehicle or parts to the towing service employed to remove the vehicle or parts in lieu of towing and storage charges.
      (2)   In this event, the Police Department shall prepare and file the abandoned vehicle report and, upon notification by the Bureau of the identity of the vehicle’s owner or lienholder and address, the Department shall forward this information to the towing service.
      (3)   The towing service shall be solely responsible for giving the 15 days notice to the owner or lienholder required by § 95.064(B) of this chapter. If the owner or lienholder does not appear within 15 days after the mailing of notice, the towing service may dispose of the abandoned vehicle or parts and shall retain the proceeds of the disposition in lieu of towing charges and storage fees. The Department shall execute a bill of sale to the towing service for the vehicle or parts.
   (C)   Vehicles valued at more than $500. If, in the opinion of the officer, the market value of the abandoned vehicle or parts is greater than $500, the Department shall give notice as provided in § 95.064 of this chapter. If the owner or lienholder does not appear within 15 days after the mailing of the notice, the Department shall sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C. 5-3-1-1 through 5-3-1-9, except only 1 newspaper insertion 1 week before the public sale is required. The Department may elect to sell the vehicle or parts as unclaimed property in accordance with I.C. 32-34-1.5, except that the 15-day period for the property to remain unclaimed is sufficient. The purchaser shall be furnished a bill of sale for each abandoned vehicle sold by the Department. The fee for the bill of sale shall be $6.
(1979 Code, § 95.30) (Ord. 3488, passed 10-17-1983)
Statutory reference:
   Disposal of vehicle without notice; public sales, see I.C. 9-22-1-21
§ 95.066 EXCEPTIONS.
   This chapter shall not apply to:
   (A)   A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;
   (B)   A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
   (C)   A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility;
   (D)   A vehicle located upon property licensed or zoned as an automobile storage or impoundment yard;
   (E)   An antique vehicle registered and licensed under I.C. 9-18-12 (before its expiration), a historic vehicle licensed under I.C. 9-18.5-34, or a military vehicle registered under I.C. 9-18.1-18;
   (F)   A golf cart; and
   (G)   An off-road vehicle.
(I.C. 9-22-1-1) (1979 Code, § 95.31) (Ord. 3488, passed 10-17-1983)
§ 95.067 TOWING CHARGES.
   The charge for the towing and storage of abandoned vehicles shall be the customary charge for towing and storage of other vehicles ordered by the city.
(1979 Code, § 95.32) (Ord. 3488, passed 10-17-1983)
§ 95.068 TIME COMPUTATION.
   In computing any period of time prescribed in this chapter, the day of the act, event, tagging or mailing from which the designated period of time begins to run shall not be included. Time shall begin to run on the next succeeding day and shall conclude on midnight of the last day of the period that is not a Saturday, Sunday or legal holiday.
(1979 Code, § 95.33) (Ord. 3488, passed 10-17-1983)
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