(A) Moving unattended vehicle. In the event any police or enforcement officer finds any unattended vehicle standing upon any street, alley or municipally-owned parking lot, ramp or facility in violation of any provision of this traffic code, the officer is hereby authorized to provide for the removal of the vehicle to a position in compliance with the law, and in the event any charge shall be placed against the vehicle for the cost of the removal or subsequent storage, the charge shall be paid by the party claiming the vehicle prior to the removal of the vehicle from the position.
(B) Notice.
(1) The person taking custody of the impounded vehicle from the city shall give notice of the taking within ten days. The notice shall:
(a) Set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle if the information can be reasonably obtained and the place where the vehicle is being held;
(b) Inform the owner and any lienholders of their right to reclaim the vehicle under division (C) below; and
(c) State that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the sale of the vehicle and contents at a public auction pursuant to division (D) below.
(2) The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned. Published notices may be grouped together for convenience and economy.
(C) Right to reclaim. The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim the vehicle from the unit of government taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 30 days after the date of the notice required by division (B) above. Nothing herein shall be construed to impair any lien of a garage keeper under the laws of the state or the right of a lienholder to foreclose. For the purpose of this section, GARAGE KEEPER is an operator of a parking place or establishment, an operator of a motor vehicle storage facility or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
(D) Auction or sale.
(1) An abandoned motor vehicle and contents taken into custody and not reclaimed under division (C) above may be sold at a public auction or sale; it shall be sold to the highest bidder following reasonable published notice of the auction or sale. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must be acquired and it must receive a motor vehicle safety check.
(2) Abandoned motor vehicles not sold pursuant to division (D)(1) above shall be disposed of.
(3) The proceeds of a sale of an abandoned motor vehicle under this division (D) shall be used by the city to reimburse itself as well as pay any person performing services for the city in connection with for the cost of towing, preserving and storing the vehicle and all administrative costs, to include notice and publication costs incurred in handling the vehicle pursuant to this section. Any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for 90 days. If the funds are not claimed in that time period, they shall become the property of the city. The city shall not be liable for interest on any sums of money claimed during the 90-day period.
(Ord. 7, passed 5-5-2014) Penalty, see § 10.99