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Any conviction of a civil infraction under § 28-30.1 shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00). However, if the defendant produces proof of insurance at or before the time responsibility is established either by a plea of responsibility or a finding of responsibility either at a hearing or by default, the defendant shall be fined not more than five hundred dollars ($500.00).
(Ord. 2827, passed 3-8-1982; Ord. 3207, passed 6-8-1992)
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
Not less than twenty (20) days after the disposition of the hearing as described above or, if a hearing is not requested, not less than twenty (20) days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale pursuant to MCLA § 257.252.
If the ownership of a vehicle which has been deemed abandoned under this chapter cannot be determined, either because of the condition of the vehicle identification number or because a check with the records of the Secretary of the State does not reveal ownership, the police agency may sell the vehicle at a public sale, pursuant to MCLA § 257.252, not less than thirty (30) days after the public notice of the sale has been published.
(Ord. 2129, passed 5-19-1969; Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)
(a) As used in this chapter,
REGISTERED ABANDONED SCRAP VEHICLE means a vehicle which meets all of the following requirements:
(1) Is on public or private property.
(2) Is seven or more years old.
(3) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by State statute would exceed the fair market value of that vehicle.
(4) Is currently registered in the State of Michigan or displays current year registration plates from another State.
(5) Is not removed within forty-eight (48) hours after a written notice as described in § 28-32(b) is affixed to the vehicle.
UNREGISTERED ABANDONED SCRAP VEHICLE means a vehicle which meets all of the following requirements:
(1) Is on public or private property.
(2) Is seven or more years old.
(3) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe, would exceed the fair market value of that vehicle.
(4) Is not currently registered in this State and does not display current year registration plates from another State.
(5) Is not removed within forty-eight (48) hours after a written notice as described in § 28-32(b) is affixed to the vehicle.
(b) A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(1) Determine if the vehicle has been reported stolen.
(2) Take two photographs of the vehicle.
(3) Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:
a. The year, make and vehicle identification number if available.
b. The date of abandonment.
c. The location of abandonment.
d. A detailed listing of damage or the missing equipment.
e. The reporting officer’s name and title.
f. The location where the vehicle is being held.
(4) Within twenty-four (24) hours of taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(c) Within twenty-four (24) hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the Secretary of State and apply for a certificate of title or a certificate of scrapping. Upon receipt of the release form and application, the Secretary of State shall issue a certificate of title or a certificate of scrapping.
(d) The release form described in subsection (c) shall be furnished by the Secretary of State and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all requirements of this subsection.
(e) The Secretary of State shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to subsection (b) above shall be retained by the police agency for not less than two years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(f) A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(1) Determine if the vehicle has been stolen.
(2) Take two photographs.
(3) Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:
a. The year, make and vehicle identification number, if available.
b. The date of abandonment.
c. The location of abandonment.
d. A detailed listing of the damage or missing equipment.
e. The reporting officer’s name and title.
f. The location where the vehicle is being held.
(4) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(5) Within seven 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:
a. The year, make, and vehicle identification number of the vehicle if available.
b. The location from which the vehicle was taken into custody.
c. The date on which the vehicle was taken into custody.
d. The name and address of the police agency which had the vehicle taken into custody.
e. The business address of the custodians of the vehicle.
f. The procedure to redeem the vehicle.
g. The procedure to contest the fact that the vehicle has been abandoned or the reasonableness of the towing fees and daily storage fees.
h. A form petition which the owner may file in person or by mail with the specified Court which requests a hearing on police agency’s action.
i. 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 termination of all rights of the owner and the secured party to the vehicle.
(g) The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. 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 conducted pursuant to MCLA § 257.252(e) and (f). An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the Court in an amount as determined by 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.
(h) If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(i) 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 release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(j) Not less than twenty (20) days after the disposition of the hearing described in subsection (g) above, or if a hearing is not requested, not less than twenty (20) days after the date of the notice described in subsection (f)(5) above, the police agency shall follow the procedures established in subsections (c) to (e) hereof.
(Ord. 2939, passed 2-11-1985)
(a) When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.
(b) Upon receipt of the notification described in subsection (a) above, the police agency shall do all of the following:
(1) Determine if the vehicle has been reported stolen;
(2) Enter the vehicle into the law enforcement information network.
(c) The owner of the vehicle removed as described in subsection (a) above may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.
(d) If the vehicle described in subsection (a) above is not claimed by the owner within seven (7) days after the police agency had been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in § 28-36 apply.
(Ord. 2939, passed 2-11-1985)
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