The Chief of Police, within his territorial jurisdiction, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 355.04, which has been left on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer without notification to the Chief of the reasons for leaving the motor vehicle in such place. The Chief shall designate the place of storage of any motor vehicle ordered removed by him.
The Chief shall immediately 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, 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 evidence by a certificate of title to the motor vehicle.
If the owner or lien holder makes no claim to the motor vehicle within ten days of the date of mailing of the notice, and if the vehicle is to be disposed of at public auction as provided in Section 355.05, the Chief shall file with the Clark of Courts of the County in which the place of storage is located an affidavit showing compliance with the requirements of this section. If the vehicle is to be disposed of to a junkyard or other facility as provided in Section 355.05, the Chief shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief shall retain the original of the affidavit for his records, and shall furnish two copies to the owner of the junkyard or other facility.
As provided in Ohio R.C. 4513.62, upon presentation of a copy of the affidavit by the owner of the junkyard or other facility, the Clark of Courts shall issue to such owner a certificate of title, free and clear of all liens and encumbrances.
Also under Ohio R.C. 4513.62, whenever the owner of a junkyard or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, such owner shall not be required to obtain an Ohio certificate of title to the motor vehicle in his own name if, within ten days of the receipt of the affidavit, the vehicle is dismantled or distroyed and both copies of the affidavit are delivered to the Clerk of Courts.
(Ord. 98-1974. Passed 12-9-74.)