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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.)
"Abandoned junk motor vehicle" means any motor vehicle meeting all of the following requirements:
(a) Left on private property for more than seventy-two hours without the permission of the person having the right to the possession of the property, on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer;
(b) Three years old, or older;
(c) Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission;
(d) Apparently inoperable;
(e) Having a fair market value of two hundred dollars ($200.00) or less.
The Chief of Police, within his territorial jurisdiction, shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer. The officer shall record the make of motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of two hundred dollars ($200.00) or less. The Chief shall thereupon immediately dispose of the abandoned junk motor vehicle to a junkyard or scrap metal processing facility as defined in Section 721.01 of the Codified Ordinances, or to any other facility owned by or under contract with the City for disposal of such motor vehicles. The records and photograph relating to the abandoned junk motor vehicle shall be retained by the law enforcement agency ordering the disposition of such vehicle for a period of at least two years. The law enforcement agency shall execute in quadruplicate 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, and shall sign and file the same with the Clerk of Courts of the County in which the motor vehicle was abandoned. The Clerk of Courts shall retain the original of the affidavit for his files, shall furnish one copy thereof the registrar, one copy to the junkyard or other facility handling the disposal of the vehicle, and one copy to the law enforcement agency ordering the disposal, who shall file such copy with the records and photograph relating to the disposal. Any moneys arising from the disposal of an abandoned junk motor vehicle shall be deposited in the General Fund.
Notwithstanding Section 355.03, any motor vehicle meeting the requirements of subsections (c),(d) and (e) hereof which has remained unclaimed by the owner or lienholder for a period of ten days or longer following notification as provided in Section 355.03 may be disposed of as provided in this section. (Ord. 98-1974. Passed 12-9-74.)
Unclaimed motor vehicles ordered into storage pursuant to Sections 355.01 and 355.02 shall be disposed of at the order of the Chief of Police to a junkyard or scrap metal processing facility as defined in Section 721.01 of the Codified Ordinances or to any other facility owned or under contract with the City for the disposal of such motor vehicles, or shall be sold by the Chief, or licensed auctioneer at public auction, after giving notice thereof by advertisement, published once a week for two successive weeks in a newspaper of general circulation in the County. Any moneys accruing from the disposition of an unclaimed motor vehicle that are in excess of the expenses resulting from the removal and storage of the vehicle shall be credited to the General Fund. (Ord. 98-1974. Passed 12-9-74.)
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