(a) In the case of an impounding under Section 307.01(a)(10), the Chief of Police shall, within a reasonable time, cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage by the Chief of Police, and, if known, shall send notice to the owner or lienholder at his last known address by certified mail with return receipt requested, that the motor vehicle shall be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle.
If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of mailing of the notice, the Chief of Police shall file with the Clerk of Courts of the County in which the place of storage is located an affidavit showing compliance with the requirements of this section upon presentation of the affidavit, the Clerk of Courts shall without charge issue a certificate of title free and clear of all liens and encumbrances, to the Chief of Police upon receipt of the certificate of title, the Chief of Police shall dispose of the motor vehicle in such manner as provided in Section 307.02(d).
(ORC 4513.61)
(b) In case of an impounding under Section 307.01(a)(11), the owner of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle. If the motor vehicle remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 and Section 307.02(c) hereof shall apply. (ORC 4513.60)
(c) Except as provided above, the Police Department shall within a reasonable period of time notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession, which may be evidenced by a certificate of title to the motor vehicle. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines or violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon notification of the Police Department and payment of all towage and storage charges. In the event an impounded vehicle has been used in or connected with the commission of a criminal offense, and is needed as evidence, or is the subject matter of such offense, or is forfeited because of the offense, determination of the release of such vehicle shall be suspended until a full adjudication of the merits of the offense has taken place.
(d) Any vehicle impounded and not reclaimed under procedures outlined in Section 307.02(a), (b) and (c) shall be disposed of at the order of the Chief of Police of the municipal corporation to a junk yard or scrap metal processing facility as defined in Ohio R.C. 4737.05, or to any other facility owned by or under contract with the municipal corporation for the disposal of such motor vehicles, or shall be sold by the Chief of Police, or licensed auctioneer at public auction, after giving notice thereof by advertisement, published once a week for two successive weeks in a newspaper of general circulation in the County. Any moneys accruing from the disposition of an unclaimed motor vehicle that are in excess of the expenses resulting from the removal and storage of the vehicle shall be credited to the General Fund of the County or the municipal corporation, as the case may be. (ORC 4513.62)
(e) Any expenses accrued by the junk yard, scrap metal processing facility or other facility owned by or under contract with the City, in the form of towing or storage expenses shall be subject to and dependant upon recovery of sums resulting from auction proceeds of such vehicle or proceeds resulting from subsequent disposition. The City shall not be liable to the disposing agency for unrecovered towing or storage expenses, unless recovery in the aforementioned manner is made.
(Ord. 73-72. Passed 10-1-73.)