(a) Whenever the Sheriff takes into custody an abandoned motor vehicle, he or she shall notify, within fifteen days thereof, by registered or certified mail, return receipt requested, the owner of record of the motor vehicle and all persons having security interests therein of record, that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any person having a security interest of their right to reclaim the motor vehicle within fifteen days after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner, and all persons having security interests, of all right, title and interest in the vehicle, and consent to the sale of the abandoned motor vehicle at a public auction.
(b) If records of the State Department of Motor Vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this chapter as to any person who cannot be notified pursuant to the provisions of subsection (a) hereof. Such notice by publication may contain multiple listings of abandoned motor vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail.
(c) The consequences and the fact of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section.
(d) The notice shall also advise the owner of record of his or her right to contest the determination by the Sheriff that the motor vehicle was “abandoned,” as defined in this chapter, by requesting a hearing before the County Administrator in writing. Such written request for a hearing must be made within fifteen days of the date of the notice.
Upon receipt of a request for a hearing pursuant to this section, the County Administrator or his or her designee shall set a hearing date, giving written notice thereof to the person requesting such hearing. A request for a hearing shall operate to stay all enforcement proceedings until a decision by the Administrator or his or her designee is reached. The owner of record may present relevant evidence and may call witnesses at such hearing.
(e) The Administrator or his or her designee shall determine at such hearing either that the vehicle or vehicles in question were “abandoned,” as defined in this chapter, or that such vehicle or vehicles were not “abandoned” when taken into custody. The Administrator or his or her designee shall issue a written order, containing findings of fact and his or her decision.
If the vehicle or vehicles are found to have been not “abandoned” under the terms of this chapter, they shall be returned to the owner without charge for towing, storage or removal.
(Ord. 93-03. Passed 3-17-93.)