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The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent:
A. The owner shall furnish to the chief of police or the chief's authorized representative satisfactory evidence of the owner's identity and his or her ownership of the vehicle.
B. The owner shall pay to the city a pound service fee of fifty dollars ($50.00), which fee is levied upon the impounding of every such vehicle. Such sum is determined to be the reasonable cost of impounding a vehicle.
C. The owner shall pay to the city all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof. In cases where a vehicle has been impounded pursuant to this chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the city, the owner shall pay to the city storage charges at the rate of fifty cents ($0.50) per day or fraction thereof during the first thirty (30) days of storage and at the rate of five dollars ($5.00) per month thereafter which charges are determined to be the reasonable cost of storing and keeping an impounded vehicle by the city.
D. If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while the vehicle is improperly registered or without proper license plates, the owner shall sign a written promise to appear at a time certain, as fixed by the chief of police or the chief's representative to answer such charge, or, if required by the chief of police or the chief's representative, shall post bail to secure such appearance before such vehicle is released.
E. The owner shall obtain the written order of the chief of police or the chief's representative directing the release of the vehicle by the poundkeeper and upon receiving the vehicle she or he shall execute a written receipt therefor.
F. In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's number or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated 41-1-115 and 41-1-116, 1953, shall have been satisfied.
G. The chief of police after obtaining approval of the municipal council may designate any garage in the city as an authorized vehicle pound. (Ord. 13-10, 2013: prior code § 42-14-5)
The impounding fee levied by this chapter and all storage charges and all costs and expenses incident to the giving of notice of impounding and to the sale of the vehicle as provided in this chapter shall be a lien upon the impounded vehicle, which lien may be summarily foreclosed in the manner hereinafter provided. (Prior code § 42-14-6)
If the owner of an impounded vehicle fails to appear and reclaim it as hereinbefore provided within five (5) days after it is impounded, the chief of police shall send to the registered owner thereof, and to every owner of legal title thereto or lienholder thereon, as disclosed by the records of the state public safety department, a written notice of the impounding of such vehicle and the cause thereof. The notice shall describe the vehicle and shall state that unless the vehicle is reclaimed within thirty (30) days of the date of giving notice, it will be deemed to be abandoned and will be sold by the chief of police in accordance with the ordinances of the city. The notice shall be sent by United States registered mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the state public safety department as set forth in this section. If the chief of police is unable to ascertain the name or address of any person having an interest in the impounded vehicle, such notice shall, in lieu of mailing by registered mail as aforesaid, be published once in a newspaper published and having general circulation in the city, and copies thereof shall be mailed to such person or persons as the chief of police may have reason to believe have or claim some right, title or interest in the vehicle at their last post office address according to the information, if any, received by the chief of police from sources other than the records of the state public safety department. (Prior code § 42-14-7)
A. The notice required by section 10.52.070 of this chapter may be substantially in the following form:
Notice of Impounding and of Intention to Sell Vehicle
To , the owner or owners, and all other persons claiming any right, title or interest in the vehicle hereafter described:
Take notice that on day of , 20 , the following described vehicle, to-wit:
Make and Year License Motor
body type: Model: Number: Number:
was parked on a public street of Logan City, Utah, in violation of (Specifying the ordinance or statute violated), (or, as the case may be, was found with the motor number defaced), and was on that date impounded by Logan City pursuant to the Logan City Traffic Code.
Said vehicle may be reclaimed as provided in said Code upon application at the office of the Logan Police Department, Logan, Utah. If not so reclaimed within thirty (30) days of the mailing (or publication, as the case may be) of this notice, said vehicle will be deemed abandoned, and will be sold at public auction by Logan City.
Dated
LOGAN CITY
By
Chief of Police
B. If the chief of police has not received within five (5) days of the impounding of such vehicle, information regarding the ownership and claimants of the ownership of such vehicle, the chief of police shall note the fact upon the record of impounding kept by her or him as hereinafter provided, and in such case the notice may be directed generally to "any person claiming any interest in the following vehicle". (Prior code § 42-14-8)
A. If any vehicle impounded as hereinbefore provided is not claimed within thirty (30) days after the giving of notice as set forth in this chapter, it shall be deemed to have been abandoned by the owner or owners thereof. At the expiration of such period of time, the chief of police shall advertise such vehicle for sale and sell the same at public auction to the highest bidder for cash. Such advertisement shall be by publication of notice of sale at least once, not less than seven (7) nor more than fourteen (14) days prior to the time fixed for the sale in a newspaper published and having a general circulation in the city, and by publicly posting a notice of such sale for not less than seven (7) nor more than fourteen (14) days prior thereto in three (3) public places in the city and on the vehicle. The chief of police, in his or her discretion, may further advertise such sale by further notice to prospective purchasers; provided, that the cost of such additional advertisement shall not exceed five dollars, but such additional notice is not required.
B. The notice of sale shall describe the vehicle by manufacturer's trade name or make, body type, year model, if known, and motor and license numbers, if any, and shall specify the time and place of sale, which shall be within the corporate limits of the city. A copy of the notice of sale shall be mailed to the owner or owners of the vehicle, if known, at their last known address, at least seven (7) days prior to the date of sale.
C. At the time and place fixed for the sale, the chief of police shall offer for sale and sell the vehicle at public auction to the highest bidder for cash.
D. At such sale the city may bid upon and purchase the vehicle. If the city becomes the purchaser at sale, it may credit upon the purchase price the pound service fee, the storage costs and charges incident to the making of such sale. If the vehicle is not sold to another purchaser, as provided in this chapter, the chief of police shall strike off and sell the same to the city for the amount of such service fee, storage costs, charges and expenses. (Prior code § 42-14-10)
Upon the consummation of the sale and receipt of the purchase price therefor, the chief of police shall deliver possession of the vehicle to the purchaser and shall also execute and deliver to the purchaser his or her certificate the same manner as the notice of impounding, shall recite the fact of the sale, the price paid and the purchaser's name and address, and shall contain a reference to the pertinent sections of this code which constitute the authority for the sale. A copy of the certificate shall be filed with the city recorder. (Prior code § 42-14-11)
All monies received by the chief of police upon the sale of such vehicle shall be deposited in the city treasury of the city. At any time within one year from and after such sale, the former owner or owners of the vehicle sold, upon application to the municipal council and upon presentation of satisfactory proof of ownership of the vehicle sold, shall be paid the proceeds of such sale, less the impounding fee, storage charges and expenses of sale hereinbefore provided. If the proceeds of sale are not reclaimed within the period of one year, they shall be credited to the general fund of the city. (Prior code § 42-14-12)
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