(A) Disposal of vehicles.
(1) Should the owner of an abandoned vehicle fail or refuse to pay the costs or should the identity or whereabouts of the owner be unknown and unascertainable after a diligent search has been made and after notice to him or her at his or her last known address and to the holder of any lien of record in the office of the Department of Motor Vehicles against the vehicle, the officer designated by the governing body of the municipality may, after holding the vehicle for 30 days and after having the value of the vehicle determined by three disinterested dealers or garage persons and after 20 days’ notice has been given to the Department of Motor Vehicles before the date of sale, dispose of the same by public or private sale or in the event of an appraised value of less than $50 by other means in the discretion of the governing body or the designated officer, and the proceeds of any sale shall be held by the Town Clerk or similar officer of the municipality.
(2) (a) Should the owner of a junk vehicle fail or refuse to pay the costs and reclaim it within 15 days after towing, the designated officer may destroy it or dispose of it by public or private sale in his or her discretion. Further, the town may, with the consent of the owner of a junk vehicle, remove and dispose of it regardless of the value, condition or age without waiting the aforementioned 15-day period.
(b) A notice containing as full and accurate a description of the vehicle as can reasonably be determined shall be given within five days after the final disposition to the Department of Motor Vehicles, that the vehicle has been deemed to be a junk motor vehicle and has been disposed of as such.
(3) The chief inspector or the Chief of Police may issue a bill of sale in the name of the town for any vehicle disposed of by their respective agencies as provided herein.
(B) Distribution of proceeds of sale.
(1) The Town Clerk shall pay from the proceeds of any sale, the cost of removal, storage, investigation as to ownership, sale and liens, in that order. Subject to division (B)(2) below, any remaining proceeds shall be deposited in the General Fund of the town.
(2) If, after the sale, the ownership of any vehicle at the time of its removal is established satisfactorily to the designated officer by the person claiming its ownership, the owner shall be paid by that officer so much of the proceeds from the sale of the vehicle as remains after paying the cost of removal, storage, investigation as to ownership, sale and liens, as herein required.
(C) Disclaimer. No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned, junked, lost or stolen vehicle for disposing of that vehicle as provided by this section.
(Ord. passed 11-1-1971)