No person shall abandon a vehicle or parts on any public or private property.
(A) The town’s Police Department is hereby assigned the responsibility for removal, storage, and disposal of abandoned vehicles, and shall be the designated “public agency” pursuant to I.C. 9-22-1-3 and this section.
(B) The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for all of the costs incidental to the removal, storage, and disposal of the vehicle or its parts. The total cost for storage of an abandoned vehicle may not exceed, an amount of which shall be set by the Town Council from time to time.
(C) An officer who finds a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, public agency, address, and telephone number to contact for information;
(2) The vehicle or parts are considered abandoned;
(3) The vehicle or parts will be removed after 72 hours;
(4) The person who owns the vehicle will be held responsible for all costs incidental to removal, storage, and disposal, and if the costs are not paid, the person’s registration privileges will be suspended on the vehicle; and
(5) The person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.
(D) Prior to tagging of any abandoned vehicle that, in the opinion of the officer, has a market value of more than an amount which shall be set by the Town Council from time to time, the officer shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
(E) (1) If a vehicle or part tagged by an officer is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts.
(2) Photographs shall be taken to describe the condition of the vehicle or parts. The abandoned vehicle report shall also include the make, model, VIN number, and the number of the license plate and request that the Bureau advise the Code Enforcement Officer of the name and most recent mailing address of the owner and of any lienholder.
(F) In the event that the vehicle or parts were valued at more than an amount, which shall be set by the Town Council from time to time, by the officer, the abandoned vehicle report shall also set forth the actions taken by the officer pursuant to the duty of inquiry set forth above.
(G) If the market value of an abandoned vehicle or parts as determined by the opinion of the officer set forth in the written abandoned vehicle report is a certain amount which shall be set by the Town Council from time to time, the officer shall immediately dispose of the vehicle to an automobile scrap yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau. The Police Department (the “public agency disposing of the vehicle”) shall retain the original records and photographs for at least two years.
(H) If the market value of an abandoned vehicle or parts as determined by the opinion of the officer set forth in the written abandoned vehicle report is a certain amount which shall be set by the Town Council from time to time, and after the officer has fulfilled his, her, or their duty of inquiry pursuant to this section and after the vehicle has been duly tagged and the 72-hour period for removal by the person who owns the vehicle has elapsed, the officer shall require the vehicle or parts to be towed to a storage area.
(I) Upon receipt of the requested information from the Bureau, the Code Enforcement Officer shall advise the owner or any lienholder that the vehicle or parts has been impounded at a certain location, that the vehicle or parts must be claimed within 20 days of the date of mailing the notice, and that the vehicle or parts will be disposed of after that time. The notice shall also advise the owner that all costs incurred in removing and storing the vehicle or parts are the owner’s legal responsibility.
(J) If the owner or lienholder appears to claim the vehicle before the 20-day time period has elapsed, he, she, or they shall be entitled to claim the impounded vehicle. The costs of towing, storing, and keeping of the impounded vehicle must be paid to the service holding the vehicle before the vehicle may be released. If the owner or lienholder does not appear in 20 days to claim the impounded vehicle, the service holding or storing the vehicle will become the record holder of the vehicle. If the service holding or storing the impounded vehicle does not wish to retain the impounded vehicle, and the 20-day holding period has elapsed without response from the owner or lienholder, the service may sell the vehicle to the highest bidder at a public sale conducted after notice under the Indiana Code, except only one newspaper insertion one week before the public sale is required. In the alternative, the unit may sell the vehicle or part as unclaimed property under the Indiana Code. The 20-day period for the property to remain unclaimed is sufficient for a sale under this division (J).
(K) If the vehicle is in such condition that the vehicle identification numbers or other means of identification are not available to determine the owner of record with the Bureau, the vehicle may be disposed of without notice as permitted by the Indiana Code.
(L) Upon complaint of a private property owner or persons in control of the property upon which a vehicle has been left for at least 48 hours without the consent of the owner or persons in control, an officer shall follow the procedures set forth in this section for removal of the vehicle.
(M) The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this section:
(1) A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed;
(2) A public agency, including without limitation, the Town Marshal or Marshal’s Deputy;
(3) A towing service;
(4) An automobile scrap yard; or
(5) A storage yard.
(N) This section does not apply to the following vehicles:
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately-owned raceways;
(2) A vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment;
(3) A vehicle located on a designated vehicle sales lot or at a commercial vehicle servicing facility;
(4) A vehicle located upon property licensed or zoned as an automobile scrap yard; or
(5) A vehicle registered and licensed under I.C. 9-18.5 as an antique motor vehicle.
(Prior Code, § 22-42) (Ord. 10-1992, passed 9-8-1992) Penalty, see § 94.99
Statutory reference:
Abandoned motor vehicles, see I.C. 9-22-1-1 et seq.