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A police agency, upon receiving reliable information that any vehicle registered under this Act has been stolen, shall immediately report the theft through the law enforcement information network. Upon receiving information that a vehicle previously reported as stolen has been recovered, the police agency shall immediately report the fact of the recovery through the law enforcement information network.
(Ord. 2939, passed 2-11-1985)
As used in this chapter,
ABANDONED VEHICLE means a vehicle which has remained on public property or private property for a period of forty-eight (48) hours after a police agency or other governmental agency designated by the police agency has affixed the written notice to the vehicle.
(Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)
(a) If a vehicle remains on public or private property for a period of time, so that it appears to the police agency to be abandoned, the police agency shall do all of the following:
(1) Determine if the vehicle has been reported stolen;
(2) Affix a written notice to the vehicle. The written notice shall contain the following information:
a. The date and time the notice was affixed;
b. The name and address of the police agency taking the action;
c. The name and identification number of the police official affixing the notice;
d. The date and time the vehicle must be taken into custody and stored at the owner’s expense or scrapped if the vehicle is not removed;
e. The year, make and vehicle identification number of the vehicle, if available.
(b) If the vehicle is not removed within forty-eight (48) hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.
(Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985; Ord. 3120, passed 11-13-1989)
A police agency which has taken a vehicle into custody shall do the following:
(a) Recheck to determine if the vehicle has been reported stolen;
(b) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network;
(c) Within seven (7) days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the Secretary of State, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the Secretary of State. Each notice form shall contain the following information:
(1) The year, make and vehicle identification number of the vehicle, if available.
(2) The location from which the vehicle was taken into custody;
(3) The date on which the vehicle was taken into custody;
(4) The name and address of the police agency which had the vehicle taken into custody;
(5) The business address of the custodian of the vehicle;
(6) The procedure to redeem the vehicle;
(7) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees;
(8) A form petition which the owner may file in person or by mail with the specified Court which requests a hearing on the police agency’s action;
(9) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle to the proceeds of the sale.
(Ord. 2129, passed 5-19-1969; Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)
The registered owner may contest the fact that the vehicle has been deemed abandoned, or the reasonableness of the towing fees and daily charges, storage fees, by requesting a hearing conducted pursuant to Sections 252e and 252f of the Michigan Vehicle Code, being MCLA §§ 257.1 et seq. A request for a hearing shall be made by filing a petition with the Court specified in the notice, within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing as described above is conducted. The owner of a vehicle who requests a hearing may obtain a release of the vehicle by posting a towing and storage bond, in the amount equal to the accrued towing and storage fees, with the Court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the Court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
If the owner does not redeem the vehicle or request a hearing within twenty (20) days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.
(Ord. 2129, passed 5-19-1969; Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)
Statutory reference:
Michigan Vehicle Code, see MCLA 257.252e, 257.252f
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