10.52.080: FORM OF NOTICE:

   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)

10.52.090: PROOF OF NOTICE:

Proof by affidavit of the giving of notice of impounding as hereinbefore provided shall be made in duplicate and preserved with the record of impounding hereinafter provided for. (Prior code § 42-14-9)

10.52.100: SALE OF UNCLAIMED VEHICLES:

   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)

10.52.110: CERTIFICATE OF SALE:

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)

10.52.120: DISPOSITION OF MONIES RECEIVED:

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)

10.52.130: RECORD KEEPING:

The chief of police shall keep a record in duplicate of all vehicles impounded by manufacturer's trade name or make, body type, model and license number, the names of the owners of such vehicles if the same are known and the names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicle, the nature and circumstances of the impounding thereof, and the violation, if any, on account of which such vehicles were impounded, the date of such impounding, the name and address of any person to whom any such vehicle is released, a record of all notices given with respect to the impounding and sale of such vehicle and a record of the sale, thereof, if any. Whenever such vehicle has been sold, as provided in this chapter, one of the copies of such record shall be filed with the city recorder with the certificate of sale, and a copy of the affidavit of the giving of notice upon the impounding and sale of such vehicle. (Prior code § 42-14-13)

10.52.140: APPROACH TO PARKING SPACE:

   A.   Every driver about to enter a parking space being vacated shall stop his or her vehicle and wait to the rear of the vehicle in the actual process of vacating the parking space over all other drivers.

   B.   No driver shall stop her or his vehicle ahead of a parking space being vacated and attempt to interfere with a driver who has waited properly in the rear of a parking space being vacated.

   C.   No driver shall stop and wait for a parking space unless the vehicle vacating the space is actually in motion in the process of vacating. (Prior code § 42-14-14)