A. Notify Owner: When a vehicle is taken into custody under the provisions of this chapter or under any provisions of state law, the department shall notify, within three (3) days, by certified mail with five (5) days return receipt, the last known registered owner of the vehicle, all lien holders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known address of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:
1. Describe the year, make, model, and serial number of the vehicle.
2. Describe the personal property found in the vehicle.
3. Describe the location of the facility where the vehicle is being held.
4. Inform the persons receiving notice:
a. Of their right to reclaim the vehicle and personal property within twenty one (21) days after the effective date of the notice;
b. That the right can be exercised upon payment of all towing, preservation, notice and storage charges resulting from placing the vehicle in custody;
c. That failure of the owner or lien holders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;
d. That failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.
5. State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Department or the assessment of fees and charges provided by this Chapter may request a hearing to contest these matters in accordance with the provisions of Section 5-4-6 of this Chapter.
6. State that a request for a hearing must be in writing and received by the Department prior to the expiration of the twenty one (21) day reclaiming period.
7. State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by subsection 5-4-5C of this Chapter.
B. Extend Time For Reclamation: The owner or any person receiving notice may, by written request received by the Department prior to the expiration of the twenty one (21) day reclaiming period, obtain an additional fourteen (14) days within which the vehicle may be reclaimed.
C. Published Notice: Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this Chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this Section. Published notice shall be used if:
1. The identity of the last registered owner cannot be determined; or
2. The registration contains no address for the owner; or
3. It is impossible to determine with reasonable certainty the identity and address of all lienholders.
D. Failure To Reclaim: If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim or interest in or to the vehicle.
E. No Right To Reclaim: No court in any case of law in equity shall recognize any right, title, claim or interest of the owner and lienholders after the twenty one (21) day reclaiming period. (Ord. 87-6, 9-21-1987)