(a) The Chief of Police or a designated representative or the tow operator, upon removal of a motor vehicle or vehicle parts under this Chapter, shall photograph and appraise the motor vehicle and vehicle parts and shall record the make of the motor vehicle, its serial number, if available; and detail to the extent possible of the damaged or missing equipment.
(b) For any vehicle not released within five (5) business days following impoundment, the following shall be done:
(1) The City or two operator agrees to mail by such date a notice of impoundment by ordinary U.S. Mail to the last known address of the current registered owner of said vehicle, as recorded in the records of the Registrar of Motor Vehicles or a Deputy Registrar. The notice of impoundment shall:
A. Reasonably identify the vehicle that was impounded and the reason for the impoundment;
B. Inform the recipient generally as to the available release options and of the right to contest the impoundment with the identity of the offices and applicable phone numbers to contact for full details; and
C. Advise the recipient that the vehicle may be declared a nuisance and subject to disposal by the City if it is not claimed prior to the Court hearing provided in Section 356.12(b)(2).
(2) For any motor vehicle that has not been released within ten (10) days after the impoundment, the City's Chief of Police or a designated representative or the tow operator shall cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lien holder of the impounded motor vehicle and, if known, shall be named as parties to a Court action as set forth in Section 356.12(b)(3).
(3) Once a vehicle is towed pursuant to this Chapter and prior to disposition of the vehicle, an action shall be filed in the Portage County Municipal Court by the tow operator who towed the vehicle in question, or by the City.
A. The purpose of the /Court review and hearing will be:
1. To determine if the named defendant in the Court action is the proper owner of the vehicle in question; and
2. To determine whether or not the Defendant was given proper notice under these ordinances;
a. Prior to towing the vehicle, and
b. Prior to the Court hearing.
B. If the Court determines that the proper notices were given to the proper defendant, the Court may order that:
1. The vehicle be returned to the owner upon payment of towing and storage charges, and payment of the Court costs; or
2. That the vehicle is a nuisance, and
a. Authorize the Chief of Police for the City of Kent, Ohio, or his/her designee to sign authorization for the tow operator to take title to the vehicle, or and dispose of the vehicle pursuant to ORC §4513.61, or 4513.62, or 4513.63 or by auction after 30 days from the date of the Court Order.
C. The Court hearing shall be scheduled 30 days after the filing date but within 45 days of the filing date.
D. Service of notice of this Court hearing shall be done according to the Ohio Rules of Civil Procedure and shall be given to the owner of the motor vehicle and any lien holders on the vehicle.
(c) The owner of an impounded motor vehicle may reclaim the vehicle at any time prior to removal from the impound lot for disposal by appearing in person at the Vehicle Impound Unit with written proof of the owner's identity and ownership of the vehicle, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle. The motor vehicle shall be released to the owner or duly authorized agent upon the occurrence of either of the following by such owner:
(1) Payment in full to the City or tow operator for any outstanding charges, fees, fines, costs, and/or penalties associated with the removal of said vehicle and/or parts.
(d) Unless otherwise specified in this Agreement, the term "days" shall mean calendar days.
(e) The records and photographs relating to such abandoned junk motor vehicles or vehicle parts shall be retained by the Chief for a period of at least two years. The Chief or a designated representative 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 and that all requirements of this section have been complied with, and shall sign and file same with the Clerk of Courts of Portage County. The Clerk of Courts shall retain the original affidavit for his/her files, shall furnish one copy thereof to the Registrar, one copy to the junk yard or other facility handling the disposal of the vehicle and one copy to the Chief who shall file such copy with the records and photographs relating to the disposal. Any monies arising from the disposal of such abandoned motor vehicle shall be applied to any costs advanced by the City of Kent first. Towing, storage fees and court costs may be paid out of said monies. The balance of funds, if any, shall be given to the commercial towing company.