(A) Notice of impoundment. When a motor vehicle has been impounded, the Police Department will give notice of the impoundment within ten days after it is taken into custody. The notice will set forth the date and place of the taking, the year, make, model, and serial number of the vehicle, and the place where the vehicle is being held. The notice will inform the owner and any readily identifiable lienholders of their right to reclaim the vehicle, and state that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the prescribed time period will be deemed a waiver by them of all right, title, and interest in the vehicle, and a consent to the sale of the vehicle at public auction or by sealed bid. When a motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in the state, or any other state or foreign country, it will immediately be eligible for sale at public auction or by sealed bid, and will not be subject to the notification provided herein.
(B) Notice sent by mail. The notice will be sent by mail to the registered owner, if known, of the impounded vehicle and to all readily identifiable lienholders of record. If it is not reasonably possible to determine the identity and address of the registered owner and all lienholders or record, the notice will be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned.
(C) Right to reclaim. The owner or any lienholder of an impounded motor vehicle has a right to reclaim the vehicle upon payment of all towing, storage, and impounding charges resulting from taking the vehicle into custody. The reclamation must occur within 15 days after the date the notice was given. Reclamation may not occur when the police consider the retention of the vehicle necessary for the prosecution of any person for violation of law. The city impound will provide to the City Manager or designee a schedule of charges acceptable to the City Manager or designee for the towing, storage, and impounding of vehicles, and the schedule will be kept in the Police Department. Upon receipt of the release payment, the city impound will release the vehicle by a written release stating the date of the release, together with the enumerated charges and the purpose for which the charges were made. The release must be made in one original and three copies, all of which must be signed by the city impound and the owner of the vehicle to whom the release is made. The city impound is to retain the original of the release, deliver one copy to the owner of the vehicle, one copy to the Police Department, and one copy to the City Manager or designee.
(D) Sale of vehicle. An impounded motor vehicle subject to sale under this subchapter may be sold to the highest bidder at public auction or sale or by sealed bid, following published notice of the sale. The purchaser will be given a receipt in a form prescribed by law, which will be sufficient title to dispose of the vehicle. The receipt will also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. The proceeds of the sale of a motor vehicle will be used to pay the cost of towing, storage, and impounding the vehicle, all notice and publication costs, and all other costs reasonably incurred by this city with respect to the vehicle. Any remainder from the proceeds of a sale will be held for the owner of the vehicle or entitled lienholder for 90 days, and thereafter will be deposited in the state treasury. If no bid is received for an abandoned motor vehicle, the vehicle may be disposed of in accordance with division (E) below.
(E) Disposal of vehicles not sold at public sale. The city may contract with any person licensed by the State Pollution Control Agency for the collection, storage, incineration, volume reduction, transportation, or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal. Where no bid has been received for an abandoned motor vehicle, the city may dispose of the vehicle pursuant to the contract.
(Prior Code, § 72.33)