(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)