(a) A person shall make operable, dispose of or remove from the City limits any vehicle defined in Section 466.01 that is under his or her control within seven days of receipt of written notice from Council or the Chief of Police or any member of the Police Department designated by the Chief commanding disposition of such vehicle. The Chief or any member of the Police Department designated by the Chief is hereby authorized to remove or have removed from the City limits any abandoned motor vehicle or any vehicle left any place in the City, which vehicle reasonably appears to be in violation of this section, that is not made operable, disposed of or removed from the City limits within seven days of written notice if its owner is known, or that, if the owner is not known, is not moved from its location to outside the City limits within 72 hours, and to impound the same until lawfully claimed or disposed of.
(b) If such impounded vehicle is not claimed by the owner within seven days of receipt of written notice of such impoundment, or within seven days of publication of such notice in a local newspaper of general circulation in the City if the owner is not known, then the impounded vehicle may be disposed of as hereinafter provided by the Chief or any member of the Department so authorized by the Chief, or by any other method authorized by law.
(c) Whenever any vehicle defined in Section 466.01 remains unclaimed by the registered owner or other person legally entitled to its possession for thirty days after notice has been given as provided in subsections (a) and (b) hereof, the Chief of Police or any member of the Department so authorized by the Chief shall cause it to be sold for junk or at public auction to the highest bidder. Notice of the time and place of such sale or auction, as the case may be, shall be posted in three conspicuous places in the City for at least ten days prior to the sale or auction. The sale or auction shall be held at the site of the impoundment or other convenient place in the City. At least ten days prior to such sale or auction the Chief or any member of the Department so authorized by the Chief shall cause a notice of the time and place of the sale or auction to be sent by certified mail to the registered owner or other person known by the Chief to be legally entitled to the possession of the motor vehicle. Such notice shall contain a complete description of the motor vehicle to be sold or auctioned and what steps must be taken by any legally entitled person to reclaim the motor vehicle.
(d) At any time before a vehicle is disposed of as provided in subsection (c) hereof, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Chief of Police or any member of the Department authorized by the Chief proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges and the processing fee established by the Police Department have been paid. If such vehicle is claimed, then the claimant has seven days from the date of such claim in which to make the vehicle operable or dispose of such vehicle. If an inoperable motor vehicle is not made operable or disposed of within such period after being claimed, then the Chief of Police, or any member of the Department so authorized, may retake possession of such inoperable motor vehicle without further notice and may dispose of the same.
(e) The owner is responsible for all towing, storage, publication, the processing fee established by the Police Department and disposal charges.
(f) Whenever any vehicle defined in Section 466.01 is disposed of as set forth in this section, the proceeds of the sale or auction, after the deduction of towing, storage and processing charges, shall be deposited in the City Treasury.
(g) When an applicant for a Certificate of Title under 625 ILCS Act 5 (the Illinois Vehicle Code) presents to the Secretary of State proof that he or she has purchased or acquired a vehicle at a sale or public auction as authorized by this section, and such fact is certified by the Chief of Police, the Secretary of State may issue a Certificate of Title for the vehicle upon receipt of the statutory fee and a properly executed application for a certificate of title.
(h) The Chief of Police, the Police Department, the City or any towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his or her legal representative or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this section.
(Ord. Unno. Passed 8-7-91; Ord. 2001-6-2. Passed 6-13-01; Ord. 2014-11-3. Passed 11-12-14.)