(A) The Chief of Police or his or her representative may order into storage any motor vehicle, other than an abandoned junk motor vehicle which has been left on a public street or other property open to the public for purposes of vehicular travel, or on or within the right-of-way of any road or highway, for 48 hours or longer without prior notification of the Chief of Police of the reasons for leaving the motor vehicle in that place. The Chief of Police or his or her representative shall designate the place of storage ofany motor vehicle ordered removed by him or her.
(B) The Chief of Police or his or her representative shall immediately cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage by the Chief of Police or his or her representative, and, if known, shall send notice to the owner or lienholder at his or her last known address by certified mail with return receipt requested, that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lienholder of the motor vehicle may reclaim it on payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle.
(C) If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of mailing of the notice, and if the vehicle is to be disposed of at public auction as provided in § 93.71, the Chief of Police, without charge to any party, or his or her representative shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of Ohio R.C. § 4513.63. On presentation of the affidavit, the Clerk of Courts shall without charge issue a certificate of title, free and clear of all liens and encumbrances, to the Chief of Police or his or her representative. If the vehicle is to be disposed of to a junk yard or other facility as provided in § 93.71, the Chief of Police or his or her representative shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief of Police or his or her representative shall retain the original of the affidavit for his or her records, and shall furnish two copies to the owner of the junk yard or other facility. On presentation of a copy of the affidavit by the owner of the junk yard or other facility, the Clerk of Courts of the county shall issue to the owner a certificate of title, free and clear of all liens and encumbrances.
(D) Whenever the owner of a junk yard or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, the owner shall not be required to obtain an Ohio certificate of title to the motor vehicle in his or her own name if, within ten days of the receipt of the affidavit, the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
(1995 Code, § 93.70) (Am. Ord. 99-O-91, passed 5-22-2000)
Statutory reference:
Storing vehicles in possession of law enforcement officers or left on public property, see Ohio R.C. § 4513.61