521.09. Vehicles left on private or public property or public street; removal of stored vehicles; notice of nuisance and disposition; unlawful removal of stored vehicle; penalty.
   (a)   The Director of the Department of Neighborhoods or the Chief of Police, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, as defined in Section 521.10(a) of the Toledo Municipal Code, that has been left on private property for more than four (4) hours without the permission of the owner or person having the right to the possession of the property. The Chief of Police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the Chief of Police. When ordering a motor vehicle into storage pursuant to this section, the Director of the Department of Neighborhoods or Chief of Police shall, whenever possible, arrange for the removal of such motor vehicle by a private tow truck operator or towing company. The owner, lessee, or lien holder of a motor vehicle that has been removed pursuant to this subsection may recover the vehicle only in accordance with subsection (c)(1) hereof.
   (b)   The Director of the Department of Neighborhoods or the Chief of Police may order into storage any motor vehicle, other than an abandoned junk motor vehicle, as defined in Section 521.10(a) of the Toledo Municipal Code, which has been left on a public street, public way, or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for more than forty-eight (48) hours. The Chief of Police shall designate the place of storage of any motor vehicle ordered removed by him or the Director of the Department of Neighborhoods. The owner, lessee, or lien holder of a motor vehicle that has been removed pursuant to this subsection may recover the vehicle only in accordance with subsection (c)(1) hereof.
   (c)   (1)   The Director of the Department of Neighborhoods or the Chief of Police shall immediately cause a search to be made of the Bureau of Motor Vehicles' records to ascertain the identity of the owner, lessee, and any lienholder of a motor vehicle ordered into storage pursuant to subsections (a) or (b) of this section and, if known or discovered, shall send notice to the owner, lessee, or lienholder at his last known address by certified mail with return receipt requested. The notice shall indicate that the motor vehicle will be declared a public nuisance and disposed of if not claimed within ten (10) days of the date of mailing of the notice. The owner, lessee, or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage and upon presentation of satisfactory proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or by a valid registration card if the motor vehicle is a leased vehicle.
      (2)   If the owner, lessee, or lienholder makes no claim to the motor vehicle within ten (10) days of the date of mailing of the notice, then the vehicle is to be disposed of at public auction as provided in Section 4513.62 of the Revised Code.
      (3)   If any notice sent by certified mail pursuant to this section is returned as "unclaimed" or "undeliverable," notice is deemed complete and effective when sent by regular mail to the owner's, lessee's or lienholder's last known address.
      (4)   Any monies accruing from the disposition of an unclaimed motor vehicle that are in excess of the expenses incurred by the City for removal and storage of the vehicle shall be credited to the General Fund of the City of Toledo.
   (d)   For purposes of this section, the Director of the Department of Neighborhoods and the Chief of Police includes any subordinate employee, inspector or law enforcement officer employed by the Department of Neighborhoods or the Department of Police Operations.
   (e)   No person shall remove or cause to be removed any motor vehicle that has been ordered into storage pursuant to paragraphs (a) or (b) of this section, except as provided for in paragraph (c)(1) of this section.
   (f)   Whoever violates Section 521.09(e) of the Toledo Municipal Code is guilty of unlawful removal of a stored motor vehicle, a misdemeanor of the third degree.
(Ord. 457-95. Passed 7-11-95.)