(A) (1) It shall be unlawful for any person to abandon a motor vehicle on public grounds and private property within the unincorporated areas of the county and on county-owned property wherever located.
(2) The county may remove, to a storage garage or area, abandoned motor vehicles that are found to be in violation of this chapter. An abandoned motor vehicle may not be removed from private property without the written request of the owner, lessee or occupant of the premises unless the Board of Commissioners or a duly authorized county official or employee has declared the vehicle to be a health or safety hazard. Appropriate county officers and employees may, upon presentation of proper credentials, enter on any premises within the county ordinance-making jurisdiction at any reasonable hour in order to determine if any vehicles are health or safety hazards. The county may require a person requesting the removal of an abandoned motor vehicle from private property to indemnify the county against any loss, expense or liability incurred because of vehicle’s removal, storage or sale.
(3) (a) Whenever a vehicle with a valid registration plate or registration is towed, the authorizing person shall immediately notify the last-known registered owner of the vehicle of the following:
1. A description of the vehicle;
2. The place where the vehicle is stored;
3. The violation with which the owner is charged, if any;
4. The possible sale or other disposition of the vehicle;
5. The procedure owner must follow to have the vehicle returned to him or her; and
6. The procedure the owner must follow to request a probable cause hearing on the towing.
(b) If the vehicle has a state registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this state, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to the owner’s last-known address unless the owner or the owner’s agent waives this notice in writing.
(c) Whenever a vehicle with neither a valid registration plate nor registration is towed, the authorizing person shall make reasonable efforts, including checking the vehicle identification number, to determine the last-known registered owner of the vehicle and notify the owner as required herein. Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this section, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least ten days before the towing actually occurred; except, no pre-towing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.
(d) The owner or any other person entitled to claim possession of the vehicle may regain possession of the motor vehicle by paying to the county all reasonable costs incidental to the removal and storage.
(e) The owner or any person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate’s office in the county. The magistrate shall set the hearing within 72 hours of his or her receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower and the person who authorized the towing shall be notified of the time and place of the hearing.
(4) After holding an abandoned motor vehicle for 30 days after the date of removal, the county may sell or dispose of the vehicle as follows:
(a) If the vehicle appears to be worth less than $100, the county may dispose of the vehicle as a junked motor vehicle as provided herein. With the consent of the owner, the county may remove and dispose of a motor vehicle as a junked motor vehicle without regard to the value, condition or age of the vehicle and without holding it for any prescribed period of time.
(b) If the vehicle appears to be worth $100 or more, the vehicle shall be sold at public auction. The county shall give 20 days’ written notice of the sale to the registered owner at his or her last-known address, to each holder of a lien of record against the vehicle and to the State Division of Motor Vehicles. Any person having an interest in the vehicle may redeem it at any time before the sale by paying all costs accrued to date. The proceeds of the sale shall be paid to the finance officer of the county, who shall pay to the appropriate officers or persons the cost of removal, storage, investigation, sale and liens in that order. The remainder of the proceeds of sale, if any, shall be paid over to the registered owner, or held by the county for 60 days if the registered owner cannot be located with reasonable diligence. If the owner does not claim the remainder of the proceeds within 60 days after the day of the sale, the funds shall be deposited in the county’s General Fund and the owner’s rights in the vehicle are extinguished.
(5) This section does not apply to any vehicle in an enclosed building, to any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the county.
(B) (1) It shall be unlawful for any person to abandon a junked motor vehicle on public grounds and on private property within the unincorporated areas of the county and on county-owned property wherever located.
(2) Junked motor vehicles found to be in violation of this chapter may be removed to a storage garage or area, but no the vehicle shall be removed from private property without the written request of the owner, lessee or occupant of the premises unless the Board of Commissioners or a duly authorized county officer or employee finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors, may be considered:
(a) Protection of property values;
(b) Promotion of tourism and other economic development opportunities;
(c) Indirect protection of public health and safety;
(d) Preservation of the character and integrity of the community; and
(e) Promotion of comfort, happiness and emotional stability of area residents.
(3) The county may require any person requesting the removal of junked motor vehicle from private property to indemnify the county against any loss, expense or liability incurred because of the removal, storage or sale of the junked motor vehicle.
(4) (a) Whenever a vehicle with a valid registration plate or registration is towed, the authorizing person shall immediately notify the last-known registered owner of the vehicle of the following:
1. A description of the vehicle;
2. The place where the vehicle is stored;
3. The violation with which the owner is charged, if any;
4. The possible sale or other disposition of the vehicle;
5. The procedure owner must follow to have the vehicle returned to him or her; and
6. The procedure the owner must follow to request a probable cause hearing on the towing.
(b) If the vehicle has a state registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this state, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his or her last-known address unless he or she or his or her agent waives this notice in writing.
(c) Whenever a vehicle with neither a valid registration plate nor registration is towed, the authorizing person shall make reasonable efforts, including checking the vehicle identification number, to determine the last-known registered owner of the vehicle and to notify him or her of the information as required herein. Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this section, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least ten days before the towing actually occurred; except, no pre-towing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.
(d) The owner or any other person entitled to claim possession of the vehicle may regain possession of the motor vehicle by paying to the county all reasonable costs incidental to the removal and storage.
(e) The owner or any person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate’s office in the county. The magistrate shall set the hearing within 72 hours of his or her receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower and the person who authorized the towing shall be notified of the time and place of the hearing. Any decision by the magistrate may be appealed by either party to district court.
(5) After holding a junked motor vehicle for 15 days, the county may destroy it or sell it at private sale as junk. Within 15 days after the final disposition of a junked motor vehicle, the county shall notify the state division of motor vehicles that the vehicle has been determined to be a junked motor vehicle and has been disposed of as such. The notice shall contain as full and accurate a description of the vehicle as can be reasonably determined. The full proceeds of the sale of the junked motor vehicle shall be paid to the finance officer of the county, who shall pay to the appropriate officers or persons the cost of removal, storage, investigation, sale and liens, in that order. The remainder of the proceeds of sale, if any, shall be held by the county for 30 days after the day the vehicle is disposed of. The funds shall be deposited in the county’s General Fund, and the owner’s rights in the vehicle are extinguished.
(6) If a junked motor vehicle does not display a current license plate and the vehicle identification numbers have been removed or defaced so as to be illegible, the county may dispose of a junked motor vehicle under this section rather than § 90.08(D). The county may destroy the vehicle or sell it at private sale, without regard to value, after having held the vehicle for 48 hours. The proceeds shall be placed in the county’s General Fund.
(7) This section does not apply to the following:
(a) Any motor vehicle in the process of repair or restoration on property under the control of the owner of the vehicle or property under the control of the person repairing or restoring the vehicle. Visible evidence of repair or restoration shall be apparent on a monthly basis; and
(b) Any motor vehicle that is used on a regular basis for business or personal use.
(Ord. 93-3, passed 3-8-1993; Ord. 00-01, passed 3-6-2000) Penalty, see § 90.99