(A) After the disposition of the hearing described in § 70.32, and if a hearing is not requested, not less than 15 days nor more than 180 days after the date of the notice described in § 70.31 is sent, the Police Department shall offer the vehicle for sale at a public sale unless the vehicle is redeemed.
(B) A public sale shall be conducted in the following manner:
(1) It shall be under the control of the Police Department;
(2) It shall be open to the public and consist of open auction bidding;
(3) It shall be held not less than five days after public notice of the sale has been published; and
(4) The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was taken into custody. The public notice shall give a description of the vehicle for sale and shall state the time, date, and locations of the sale.
(C) The money received from the public sale of the vehicle shall be applied in the following order of priority:
(1) Towing and storage charges;
(2) Expenses incurred by the city; and
(3) Remainder to the secured party, if any. If there is not a secured party, remainder to the owner. If the remainder of the money is not claimed by the secured party or owner within 30 days after the sale, it shall become the property of the city.
(D) If there are no bidders on the vehicle, the Police Department may do one of the following:
(1) Turn the vehicle over to the towing firm to satisfy charges against the vehicle;
(2) Obtain title to the vehicle for the Police Department or the city by doing both of the following:
(a) Paying the towing and storage charges; and
(b) Applying for title to the vehicle.
(3) Hold another public sale pursuant to division (B) above.
(E) Within two days, excluding Saturday, Sunday, and legal holidays after the disposition of the vehicle the Police Department shall do both of the following:
(1) Notify the Secretary of State of the disposition; and
(2) Cancel the entry into the law enforcement information network described in § 70.31(B).
(Prior Code, § 70.33) (Ord. D-1554, passed 6-29-1987, effective 7-9-1987)