6-5-5: SALE OF VEHICLE:
In the event said inoperable vehicle or damaged vehicle or unlicensed vehicle or abandoned vehicle is removed from private property of the owner(s) of the vehicle and placed in storage by, on behalf of, or at the direction of the city's police department and/or the city's health, zoning, and building officer, the city shall send notice to the owner(s) containing the following:
   A.   The date of the towing.
   B.   The name, address and telephone number of the entity that towed the vehicle.
   C.   The address where the vehicle is being stored.
   D.   The amount of the towing, removal, and storage charges, including any per diem charges.
   E.   A statement that the vehicle shall be sold by private or public sale or may be sold to the entity that towed said vehicle for the amount of the towing, removal, and storage charges, as the city shall decide in its sole discretion unless the owner(s) pays all applicable towing, removal, and storage charges within fifteen (15) days from the date the notice is mailed to the last known address of the owner(s).
Said notice shall be mailed by U.S. mail, postage prepaid, to the last known address of the owner(s) of the vehicle. If the owner(s) of the vehicle does not pay all applicable towing, removal, and storage charges within fifteen (15) days after the date the notice is mailed, then said vehicle may be sold by the city at any time thereafter at public or private sale or may be sold to the entity that towed said vehicle for the cost of the towing, removal, and any applicable storage charges, as the city shall determine in its sole discretion. If the sale proceeds are insufficient to pay the costs of sale, removal and storage expenses, then the owner(s) of said vehicle shall be jointly and severally liable to the city for the balance of such costs and expenses and to be recoverable in a suit at law. If the sale proceeds are sufficient to pay said costs of sale, towing, removal, storage expenses, ordinance violation fines, court costs, and/or expenses then the balance shall be deposited with the city treasurer and shall be paid to any one or more of the owner(s) of such vehicle, if known and located as the city shall determine. The city shall have the right to deduct from said balance an amount equal to any ordinance violation fine(s), court costs and/or expenses assessed against the previous owner(s) of said inoperable vehicle or damaged vehicle or unlicensed vehicle or abandoned vehicle before making a distribution to said former owner(s) of said vehicle.
If the said inoperable vehicle or damaged vehicle or unlicensed vehicle or abandoned vehicle is removed from public property or from private property of some person or entity other than the owner(s) of said vehicle, then said vehicle shall be disposed of by the entity that towed the vehicle pursuant to article II of chapter 4 of the Illinois vehicle code 1 as now enacted or hereafter amended or pursuant to any subsequent statutory provisions. (Ord. 3140, 8-18-2003)

 

Notes

1
1. 625 ILCS 5/4-201 et seq.