§ 92.36 CITATION, REMOVAL, DISPOSAL OR ABANDONED VEHICLES.
   (A)   No person shall abandon a vehicle or parts on any public or private property.
   (B)   The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable for all of the costs incidental to the removal, storage, and disposal of the vehicle or its parts.
   (C)   In accordance with I.C. 9-22-1-1, if, in the opinion of the Town Marshal and/or Deputy Town Marshals, the market value of an abandoned vehicle or parts is less than $750, according to the Official Kelley Blue Book, the Town Marshal and/or Deputy Town Marshals shall attach thereto in a prominent place a citation containing the following information.
      (1)   The date, time, Town Marshal and/or Deputy Town Marshal’s name, public agency, address, and telephone number to contact for information.
      (2)   The vehicle or parts is considered abandoned.
      (3)   The vehicle or parts will be removed after 72 hours.
      (4)   The owner will be held responsible for all costs incidental to removal, storage, and disposal, and if not paid the owner’s registration privileges will be suspended on that car.
      (5)   The owner may avoid costs by removal of the vehicle or parts within 72 hours.
   (D)   If the tagged vehicle or parts, which, in the opinion of the Town Marshal and/or Deputy Town Marshals, has a market value of less than $750, according to the Official Kelley Blue Book, is not removed within 72 hours the Town Marshal and/or Deputy Town Marshals shall, in accordance with I.C. 9-9-1.1-5 and I.C. 9-22-1-13:
      (1)   Prepare a written abandoned vehicle report of the website or parts including information on the condition, missing parts, and other facts that substantiate that the market value is less than $750, according to the Official Kelley Blue Book.
      (2)   Take photographs to illustrate the condition of the vehicle or parts.
      (3)   Immediately order the removal of the vehicle or parts to an automobile scrapyard or holding area.
   (E)   In accordance with I.C. 9-22-1-14, if, in the opinion of the Town Marshal and/or Deputy Town Marshals, the market value of an abandoned vehicle or parts is $750 or more, according to the Official Kelley Blue Book, the Town Marshal and/or Deputy Town Marshals shall make reasonable effort to ascertain the owner or persons who may be in control of the vehicle or parts. Thereafter, the office shall attach to the vehicle or parts in a prominent place a citation containing the following information:
      (1)   The date, time, Town Marshal and/or Deputy Town Marshal’s name, public agency, address, and telephone number to contact for information.
      (2)   The vehicle or parts is considered abandoned.
      (3)   The vehicle or parts will be removed after 72 hours.
      (4)   The owner will be held responsible for all costs incidental to removal, storage, and disposal, and if not paid the owner's registration privileges will be suspended on that car.
      (5)   The owner may avoid costs by removal of the vehicle or parts within 72 hours.
   (F)   If the tagged vehicle or parts, which in the opinion of the Town Marshal and/or Deputy Town Marshals, has a market value of $750 or more, according to the Official Kelley Blue Book, is not removed within the 72 hour period, the Town Marshal and/or Deputy Town Marshals shall in accordance with I.C. 9-22-1-14:
      (1)   Take photographs to illustration the condition of the vehicle or parts and require the vehicle or parts to be moved to a storage area.
      (2)   Immediately order the removal of the vehicle or parts to a storage area.
      (3)   In accordance with I.C. 9-22-1-19, within 72 hours after the removal of an abandoned vehicle or parts to the storage area, the public agency or the towing operator shall prepare and forward to the Indiana Bureau of Motor Vehicles an abandoned vehicle report, including the make, model, if any, identification number and number of the license plate (and engine number if applicable), and request that the Indiana Bureau of Motor Vehicles advise the agency of the name and most recent mailing address of the owner and of any lien holder.
      (4)   Upon receipt of the required information from the Indiana Bureau of Motor Vehicles, the public agency or the towing operator shall mail notice to the owner of any lien holder that the vehicle or parts have been impounded at a certain location, that the vehicle or parts must be claimed within 15 days of the date of the mailing notice, and that the vehicle or parts will be disposed of after that time. The notice shall also advise the owner that all costs incurred in removing and storing the vehicle or parts are the owners legal responsibility, all in accordance with I.C. 9-22-l-20(3)(B),
      (5)   If the owner or lien holder appears to claim the vehicle before the 15 day time period, he shall be entitled to claim the impounded vehicle. The costs of the towing, storing and keeping of the impounded vehicle must be paid to the service holding the vehicle before the vehicle may be released. If the owner or lien holder does not appear within 15 days after the mailing of notice, the Indiana Bureau of Motor Vehicles shall sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only one newspaper insertion one week before the public sale is required.
      (6)   If the vehicle is in such condition that the vehicle identification numbers or other means of identification are not available to determine the owner of record with the Indiana Bureau of Motor Vehicles, the vehicle may be disposed of without notice as permitted by I.C. 9-22-1-21.
      (7)   Upon complaint of a private property owner or persons in control of the property upon which a vehicle has been left for more than 48 hours without the consent of the owner or persons in control, the private property owner shall follow the procedure set forth in this subchapter.
      (8)   Neither the owner, lessee, or occupant of the property from which an abandoned vehicle is removed, unless they are the owner of the abandoned and/or junk vehicle, nor any public agency, towing service, or automobile scrapyard, is liable for any loss or damage to the vehicle or parts occurring during its remove, storage, or disposition.
(Ord. 2008-2A, passed 3-17-08) Penalty, see § 92.99
Editor’s note:
   I.C. 9-22-1-20 repealed by P.L.191-2007, SEC.21.