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(A) Public property.
(1) Whenever the Marshal finds or is notified of a vehicle placed or stored upon a public highway, alley, thoroughfare, or other public property within the town, he or she shall attach in a prominent place a notice tag in the form required by I.C. 9-22-1-11.
(2) The officer shall also make a reasonable effort to ascertain the person who owns the vehicle or who may be in control of the vehicle and provide him or her of written notice.
(3) If such vehicle is not removed within three days after such notice, the officer shall cause said vehicle to be removed by a junk or salvage yard or wrecker service. The cost and expense of such removal shall be paid by the owner of the vehicle.
(B) Private property without owner’s consent.
(1) Upon complaint of a person who owns or controls private property that a vehicle has been left on for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in I.C. 9-22-1-11 through I.C. 9-22-1-14.
(2) The person who owns or controls the property may also follow the procedures set out in I.C. 9-22-1-15 through I.C. 9-22-1-17 to have the vehicle removed from private property.
(C) Private property. If a junk vehicle is found to be in violation of this chapter, the owner of the property shall be notified of the violation by certified mail, return receipt requested or personally served written notice and asked to abate the nuisance within ten days.
(A) The costs for removal and storage of an abandoned vehicle or parts not claimed by the person who owns or holds a lien on a vehicle shall be paid from the abandoned vehicle account under I.C. 9-22-1-30. The charge payable by the person who owns or holds a lien on a vehicle for towing, storing, or removing an abandoned vehicle or parts may not exceed $1,500. (See § 92.42).
(I.C. 9-22-1-25)
(B) The proceeds of sale of an abandoned vehicle or parts in accordance with I.C. 9-22-1-23 shall be credited against all costs incident to the removal, storage, and disposal of such vehicle.
(I.C. 9-22-1-26)
In no event shall the owner of the motor vehicle be charged for towing or removing the vehicle in excess of $150, nor shall the cost of storage exceed the sum of $40 per day. The storage charge shall be limited to the number of days of actual storage.
Statutory reference:
Establishment of procedures by fiscal body; establishment of Abandoned Vehicle Fund, see I.C. 9-22-1-30
(A) This section applies to sales of abandoned vehicles or parts by the town.
(B) The proceeds from the sale of abandoned vehicles or parts, including charges for bills of sale; and money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles; shall be deposited in the town’s Abandoned Vehicle Fund by the Clerk-Treasurer.
(C) The costs incurred by the town in administering this subchapter shall be paid from the Abandoned Vehicle Fund.
(D) The Town Council shall annually appropriate sufficient money to the Fund to carry out this subchapter. Money remaining in the Fund at the end of a year remains in the Fund and does not revert to the General Fund.
(I.C. 9-22-1-27)
This subchapter does not apply to the following:
(A) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;
(B) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
(C) A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility;
(D) A vehicle located upon property licensed or zoned as an automobile scrapyard; and
(E) A vehicle registered and licensed under I.C. 9-18-12 as an antique vehicle.
(I.C. 9-22-1-1)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any person who violates any provision of § 92.05(B) shall be subject to a civil penalty of $50 for the first violation in any calendar year with the second violation during any calendar year carrying a civil penalty of $100 and the third and subsequent violations during any calendar year carrying a penalty of $250.
(2) A court of law may assess additional civil penalties of up to $5,000 against the owner for noncompliance.
(3) If a judgment is entered against a defendant in any action to enforce § 92.05(B), the defendant may perform community restitution or service (as defined in I.C. 35-31.5-2-50) instead of paying the monetary judgment for the ordinance violation if:
(a) The defendant and the attorney for the town agree to the defendant’s performance of community restitution or service instead of payment of a monetary judgment;
(b) The terms of the agreement described in division (B)(3)(a) above include the amount of the judgment the town requests that the defendant pay under I.C. 34-28-5-4(e) for the violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and are recorded in a written instrument signed by the defendant and the attorney for the town;
(c) The agreement is filed in the court where the judgment was entered; and
(d) The court approves the agreement.
(4) If a defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under I.C. 34-28-5-4(c) as if the defendant had not entered into an agreement hereunder.
(C) Any person, firm, or corporation who violates any of the provisions of § 92.06 shall be guilty of an infraction and, upon conviction, shall be fined not less than $300. Each day the violation continues shall constitute a separate offense.
(Ord. 4-06-1, passed 4-10-2006)