(A) The Chief of Police shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer in the place where abandoned. The officer shall record the make of the motor vehicle, the serial number when available and shall also detail the damaged or missing equipment to substantiate the value of $1,500 or less. The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a junkyard or scrap metal processing facility as defined herein, or to any other facility under contract with the city for the disposal of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the City Police Department for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the subject motor vehicle and the manner in which it was disposed of, indicating that all requirements of this section have been complied with, and filing the same with the Clerk of Courts of the county. The Clerk of Courts shall retain the original of the affidavit for the files, furnish one copy thereof to the Registrar, one copy to the junkyard or other facility handling the disposal of the vehicle, and one to the City Police Department, who shall file such copy with the records and photographs relating to the vehicle. Any monies arising from the disposal of an abandoned junk motor vehicle in excess of the expenses resulting from the removal of the vehicle shall be credited to the General Fund of the city. The city assumes no liability for towing costs not covered by the sale of such vehicle.
(B) If, at the expiration of five days, after any motor vehicle or abandoned junk motor vehicle meeting the requirements of § 96.01(E) or (F), has been impounded, the owner, or other person empowered to act therefor, has not contacted the Police Department, it shall be the duty of the Police Department to notify, as soon as possible, either in person or by certified mail with return receipt requested sent to the last known place residence, the owner or any person known to the police to have charge of such vehicle on behalf of the owner, or, if neither can be notified, any known mortgagee of such vehicle, informing him or her of the nature and circumstances of the violation for which such vehicle has been impounded and the rate of storage charges.
(C) (1) Any motor vehicle meeting the requirements of § 96.01(E) or (F), which has remained unclaimed by the owner or lien holder for a period of ten days or longer following notification as provided for in division (B) above, shall be disposed of as provided for in division (A) above.
(2) If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility, the Chief of Police shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with.
(3) The Sheriff or Chief of Police shall retain the original of the affidavit for the Sheriff’s or Chief’s records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the Clerk of Courts, within 30 days of the presentation, shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
(D) (1) The removal by a police officer of a motor vehicle, junk motor vehicle, abandoned junk motor vehicle, unlicensed motor vehicle or inoperative motor vehicle for any of the reasons stated in this chapter shall be at the risk of the owner or person in charge of said vehicle, and there shall be no liability on the part of the city for any damage caused by such removal.
(2) The storage of any such vehicle, when impounded by the city or by order of its designated police officers or other officials, shall be at the risk of the chauffeur, driver or owner thereof, and the city shall not be liable for any damage of any nature or for the theft or destruction by fire or otherwise of any property so impounded.
(Prior Code, § 7.07.03)