A. The wrecked or inoperable motor vehicles or inoperable trailers shall be disposed of at public sale in accordance with the provisions of this section, provided that no wrecked or inoperable motor vehicle or inoperable trailer shall be sold at public sale prior to thirty (30) days from the date on which notice is given, pursuant to this section.
B. At least ten (10) days prior to the public sale, the city manager or his/her designee or the police chief shall cause a notice to be published once in a newspaper of general circulation in the city, which notice shall substantially state:
1. The sale is of a wrecked or inoperable motor vehicle(s) or inoperable trailer(s) in the possession of the city or a private wrecker and towing service(s) by virtue of seizure pursuant to this chapter;
2. A description of the wrecked or inoperable motor vehicle(s) or inoperable trailer(s), including, if available, year, make, model, license number, vehicle identification number or trailer serial number and any information which shall accurately identify the vehicle(s) or trailer(s);
3. The terms of the sale; and
4. The date, time and place of the sale.
The city manager or his/her designee or the police chief shall also cause a copy of this notice to be mailed to the last known registered owner of the wrecked or inoperable motor vehicle or inoperable trailer and to the owner and/or occupant of the property from which the wrecked or inoperable motor vehicle or inoperable trailer was taken (unless they are one and the same), and to any other persons known to the police chief to have an ownership interest in or who are a lienholder on the wrecked or inoperable motor vehicle or inoperable trailer.
C. On the date, time and place set forth in the notice, the wrecked or inoperable motor vehicle or inoperable trailer shall be sold to the highest bidder for cash or certified funds, provided that any wrecked or inoperable motor vehicle or inoperable trailer which cannot be sold for an amount at least equal to the costs of the sale and other charges owed may be summarily disposed of in the manner set forth in subsection A of this section. At the time of payment of the bid price, the city manager or his/her designee or the police chief shall execute a certificate of sale for the wrecked or inoperable motor vehicle inoperable trailer in duplicate, the original of which to be given to the purchaser and a copy to be retained by the police chief. Any certificate of sale issued under this section shall not guarantee title or purport to give any title to the wrecked or inoperable motor vehicle or inoperable trailer greater than that which is possessed by the city. Should the sale be invalid for any reason, the liability of the city shall be limited to the return of the bid price upon return of the wrecked or inoperable motor vehicle or inoperable trailer to the city.
D. The proceeds from the sale of the wrecked or inoperable motor vehicle or inoperable trailer made pursuant to this section shall be applied in the following order:
1. To the reasonable costs incurred in the sale of the wrecked or inoperable motor vehicle or inoperable trailer;
2. To the satisfaction of the special lien(s) provided for in section 10.94.060 of this chapter;
3. To the satisfaction of any indebtedness secured by a subordinate security interest or lien in the wrecked or inoperable motor vehicle or inoperable trailer;
4. To the owner if such owner is known, and if such owner or the address of such owner is unknown, to the city treasurer for deposit to the city's general fund. (Ord. 1735 § 1, 1998)