§ 79.05  DISPOSITION OF ABANDONED OR DERELICT VEHICLES.
   Any vehicle abandoned or derelict in violation of this chapter shall be disposed of in accordance with this section or as otherwise allowed by law.
   (A)   Identifying and tracing vehicle ownership.  Upon receiving notification of or otherwise discovering an abandoned or derelict vehicle the city Police Department shall, if it does not already know the identity of the registered owner or other person legally entitled thereto, cause the vehicle and license registration records of the Secretary of State of the state, or foreign state if applicable, to be searched utilizing the vehicle identification number and license plate year and number displayed on the vehicle, if any. The owner of the vehicle as disclosed from the search shall be the owner of the vehicle for the purposes of the disposition of the vehicle. The City Police Department shall further cause the motor vehicles files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files shall be searched in accordance with state law by the State Police. When the registered owner or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of the state or from the registration files of a foreign state, if applicable, the City Police Department shall so notify the State Police for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police shall be immediately forwarded to the City Police Department.
   (B)   Notification of owner.
      (1)   When the identity of the owner or other person legally entitled to an abandoned or derelict vehicle is known or has been determined in accordance with division (A), above, the Chief of Police, or his or her designate, shall cause the owner or other person to be given notice that the vehicle has been determined to be an abandoned or derelict vehicle in violation of this chapter and that unless the vehicle is removed within seven days from the date the notice is mailed, postage prepaid, by certified mail, the vehicle will be towed and impounded in accordance herewith, and the owner will be charged with having violated this chapter. The Chief of Police, or his or her designate, may cause, but is not required to personally serve the notice on the owner or other person, and need not establish whether the notice is actually received if mailed. In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved, being unknown at the address obtained from the registration records of this state, or having refused delivery, the sending of a second certified notice is not required. A copy of the notice shall also be served upon any lienholder if the same has been disclosed by the title search required above.
      (2)   The notice required by this section may be in substantially the following form:
 
   Date:________________________
TO:_________________________________________________NAME:_______________________________________
   ADDRESS:_____________________________________
The Quincy Police Department has determined that a certain vehicle registered in your name for to which you are legally entitled) is abandoned or derelict within the meaning of the abandoned and derelict vehicle regulations of the City of Quincy. The vehicle was found is now located at___________in the City of Quincy, Illinois. It is described as follows:
   Year of manufacture:
   Manufacturer’s trade name:
   Manufacturer’s series name:
   Body style:
   Color:
   Vehicle identification number:
   License plate year and number:
In accordance with the abandoned and derelict vehicle regulations, this vehicle will be towed, impounded and disposed of by the Quincy Police Department in accordance with the regulations if the vehicle is not removed within seven days from the date of this notice. Also, you may be charged with violating the regulations.
Note: Removal of the vehicle to another location (on the right of way or on private property) will not abate the nuisance unless the vehicle is kept in an enclosed building or removed to another lawful storage area (for example, a licensed salvage yard commercial body shop and the like).
In the event that you disagree with the determination that the vehicle is an abandoned or derelict vehicle, you are entitled to a hearing on this determination on in accordance with the abandoned or derelict vehicle regulations. Basically, you are required to file a written request for a hearing within seven days of the date of this notice with the Chief of Police of the Quincy Police Department who will promptly review the matter with you and consider whatever pertinent information you wish to present. The decision of the Chief of Police may then be appealed to the Mayor. Ultimately, you may demand that the vehicle not be towed and impounded until a judicial hearing has been held on a charge of violation of the regulations. These rights and other matters are described in the abandoned and derelict vehicle regulations themselves, which are available at the Quincy Police Department.
If you are not the owner of the described vehicle or have no interest in the vehicle at this time please contact the Quincy Police Department and so advise it.
   QUINCY POLICE DEPARTMENT
   BY:___________________________
 
      (3)   When the identity of the owner or other person legally entitled to an abandoned or derelict vehicle is not known and has not been determined in accordance with the provisions hereof, and in addition to the notice required above when the identity of the owner or other person legally entitled to a vehicle is known, the Chief of Police, or his or her designate, shall cause a prominent notice to be placed on the abandoned motor vehicle stating that the vehicle has been determined to be abandoned in accordance with the abandoned or derelict vehicle regulations of the city and that it will be towed and impounded unless removed within seven days from the date the notice was posted. The date the notice is posted shall be endorsed on the notice, the officer posting the notice and the telephone number of the City Police Department at which information may be obtained relative to the notice. The Chief of Police, or his or her designate, shall further cause the owner or party in possession of private property on which the vehicle is located to be informed that the vehicle will be towed and impounded after seven days, unless the vehicle is located on private property of the owner of the vehicle or the private property owner notified the City Police Department of the abandoned or derelict vehicle. The private property owner shall have all rights of review under this chapter if the private property owner is a person legally entitled to the vehicle. Notice to the owner or party in possession is informational only and not jurisdictional.
   (C)   Review of determination.  When a vehicle has been determined to be an abandoned or derelict vehicle within the meaning of this chapter, the owner thereof or other person legally entitled thereto shall have the right to have the determination reviewed in accordance with this division.
      (1)   Chief of Police or Deputy Chief of Police.  Any owner of or other person legally entitled to a vehicle determined to be an abandoned or derelict vehicle within the meaning of this chapter may within seven days the notification required under division (B) above is mailed or personally delivered, as the case may be, file a written request with the Chief of Police that he or she review the determination stating the reason or reasons why the vehicle is not an abandoned or derelict vehicle within the meaning of this chapter. Within seven days of the written request, the Chief of Police shall review the determination giving the owner or other person an opportunity to personally be heard and present whatever information as the owner or other person considers pertinent. After reviewing the determination, the Chief of Police shall render a written decision thereon which shall be promptly mailed, postage prepaid, by certified mail, to the owner or other person, or delivered personally as stated heretofore.
      (2)   Judicial determination.  If the owner or other person legally entitled to a vehicle determined to an abandoned or derelict vehicle within the meaning of this chapter does not agree with the decision of the Chief of Police or Deputy Chief, the person may, within seven days after the decision of the Chief of Police or Deputy Chief, is mailed to the owner or the person, file a written notice with the Chief of Police or Deputy Chief that the person does not agree with the decision made and further request that the vehicle not be towed or impounded pending disposition of a charge of violation with this chapter. In that event, the person, if not already charged, shall be charged with violating this chapter and the vehicle shall not be towed and impounded until the charge has been disposed of. After the charge has been disposed of, finding the owner or other person guilty, the vehicle shall then be towed and impounded in accordance with this chapter unless the nuisance has been abated.
      (3)   Stay of towing and impounding.  Pending any review of a determination that a vehicle is an abandoned or derelict vehicle within the meaning of this chapter, any vehicle shall not be towed or impounded except as is permitted for emergency tows.
   (D)   Towing and impounding of vehicles.  Subject to review of any determination pursuant hereto that a vehicle is an abandoned or derelict vehicle within the meaning of this chapter, the abandoned or derelict vehicle may be towed and impounded after a waiting period of seven days or more from the date the notification required pursuant to division (B) above has been mailed or delivered, as the case may be. The Chief of Police, or his or her designate, shall authorize a towing service to remove and take possession of the abandoned vehicle. The towing service shall safely keep the towed vehicle and its contents, maintain a record of the town until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter. When any vehicle is authorized to a towed away, the City Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacturer, manufacturer’s trade name, manufacturer’s series name, body style vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of the tow, the location towed from, the location towed to, the reason for towing and the name of the officer authorizing the tow. A record search of the vehicle shall also be made.
   (E)   Reclaiming vehicles.  At any time before a vehicle is sold at public sale or disposed of as provided in this chapter, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the City Police Department proof of ownership or proof of the right of possession of the vehicle. No vehicle shall be released to the owner thereof or other person entitled thereto until and unless the owner or the person has paid all towing and storage charges on account of the vehicle.
   (F)   Disposal of unclaimed vehicles.  Abandoned or derelict vehicles which have been towed and impounded shall be disposed of in accordance with this division.
      (1)   Disposal with notice.  Whenever an abandoned or derelict vehicle, seven years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given by mail or delivered as provided in division (B) above, the City Police Department shall cause the vehicle to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the City Police Department, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the City Police Department or the towing service to be legally entitled to the possession of the vehicle. The notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. Whenever an abandoned or derelict vehicle more than seven years of age is towed or impounded, it may be sold as provided above or disposed of as junk only at the discretion of the Chief of Police, or his or her designate. A vehicle classified as antique (25 years of age or older) may also be sold to any person desiring to restore the same.
      (2)   Disposal without notice.  When the identity of the registered owner or other person legally entitled to the possession of an abandoned or derelict vehicle of seven days of age or newer cannot be determined in accordance with this section, the vehicle may be sold as provided in division (F)(1) above, but without notice of the time and place of the sale being mailed to the registered owner or other person legally entitled to the possession of the vehicle. Whenever an abandoned or derelict vehicle is more than seven years of age is towed and impounded, it may be sold as provided above or disposed of as junk only at the discretion of the Chief of Police, or his or her designate.
   (G)   Proceeds of sale.  When a vehicle located within the city is authorized to be towed, impounded and disposed of as set forth in this chapter, the proceeds of the public sale or other disposition after the deduction of towing, storage and processing charges shall be deposited in the city’s treasury.
   (H)   Police reports.  When a vehicle in the custody of the City Police Department is reclaimed by the registered owner or other legally entitled persons, or when the vehicle is sold at public sale or otherwise disposed of as provided in this chapter, a report of the transaction shall be maintained by the City Police Department for a period of one year from the date of the sale or disposal.
(1980 Code, § 20.1005)  Penalty, see § 70.99