(A) The removal and disposal of abandoned vehicles pursuant to this subchapter shall be in accordance with I.C. 9-22-1 depending upon the value assessed to the vehicle.
(B) (1) When an officer observes a vehicle or vehicle parts which appear to be abandoned, he or she shall securely attach to the windshield or other conspicuous place thereon a notice tag containing the following information:
(a) The date, time, officer’s name, name and address of the law enforcement agency of which the officer is a member, and the address and telephone number to contact for information;
(b) The vehicle or parts are considered abandoned;
(c) The vehicle or parts will be removed after 72 hours;
(d) The owner will be held responsible for all costs incidental to the removal, storage, and disposal; and
(e) The owner may avoid these costs by removal of the vehicle or parts within 72 hours.
(2) In addition, a substantially similar notice shall be served upon any adult occupying the real estate on which the vehicle is located and upon the owner of the vehicle if such owner can be found. A notice affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate. If the real estate is private property and there is no building on the private property, the notice may be affixed at any prominent place on the real estate.
(C) If the tagged vehicle or parts is not moved within 72 hours from the issuance of the notice, the officer shall complete the “Police Officer Report (On Abandoned/Impounded Vehicles)” adopted by the Bureau of Motor Vehicles, including information on the condition, missing parts, and other facts to substantiate the estimated market value. Photographs shall be taken showing the condition of the vehicle or parts.
(D) If in the opinion of the officer the market value of the vehicle or parts is less than $100, the officer shall immediately dispose of the vehicle or parts to an automobile scrapyard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle or parts shall be forwarded to the Bureau of Motor Vehicles. The original records and photographs of the vehicle or parts shall be retained for a period of at least two years.
(E) If in the opinion of the officer the market value of the vehicle or parts is at least $100, the officer shall, before placing a notice tag on the vehicle or parts, make a reasonable effort to ascertain the person who owns or is in control of the vehicle or parts and directly notify him or her to remove the vehicle or parts. After notifying the person who owns the vehicle or parts, or if the officer is unable to do so despite reasonable efforts, the officer shall then affix to the vehicle or parts the notice tag required by division (B) above. If the vehicle or parts are not removed within 72 hours thereafter, the officer shall require the vehicle or parts to be towed to a storage area.
(F) In determining whether the vehicle is valued at less than $100 or at $100 or more, the officer shall use the following criteria plus guidelines adopted by the Bureau of Motor Vehicles.
(1) An abandoned vehicle should be valued at less than $100 if:
(a) It is ten or more model years old and has extensive deterioration to the interior or exterior;
(b) It appears to be inoperable because of faulty or missing major parts; and/or
(c) It is five model years old or older and has been extensively destroyed by fire, explosion, vandalism, or other causes (excluding traffic accidents), and is inoperable.
(2) All other vehicles should be valued at $100 or more.
(3) Vehicles in demand by collectors or auto rebuilders (e.g., 1957 Chevrolet, 1965 Mustang) should be valued over $100.
(G) Before the owner or lienholder of an impounded abandoned vehicle may redeem it from the storage facility, that person must appear at the office of the Clerk-Treasurer to pay the appropriate penalty, plus $10 as processing costs, in order to obtain a release of the vehicle by the town. The owner or lienholder shall then appear at the storage facility to obtain release of the vehicle, pay all costs incident to the tow and storage, and receive a release from the storage facility. A copy of that release must be forwarded to the Bureau of Motor Vehicles by the storage facility.
(Ord. 1997-10, passed 5-19-1997)