Loading...
The police authority or private entity which takes into custody an abandoned vehicle shall notify, within 20 days, by certified mail, the last known registered owner of the vehicle, all lienholders of record and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and serial number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. The notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving the notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim or interest of the owner, lienholders or claimants after the expiration of the ten-day reclaiming period.
(Iowa Code § 321.89(3a)) (1999 Code, § 80.03)
If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under § 76.03. The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in § 76.03.
(Iowa Code § 321.89(3b)) (1999 Code, § 80.04)
The owner, lienholders or claimants may, by written request delivered to the police authority or private entity prior to the expiration of the ten-day reclaiming period, obtain an additional five days within which the motor vehicle or personal property may be reclaimed.
(Iowa Code § 321.89(3c)) (1999 Code, § 80.05)
The owner or lienholder shall pay an impoundment fee, as set per city resolution, per day if stored by the city, or towing and storage fees, if stored in a public garage, whereupon the vehicle shall be released. At least once each year, the Council may take bids from privately-owned garages for schedules of fees for towing and storing impounded vehicles or vehicles taken up because of being illegally parked. Thereupon, the Council shall designate such of the bidders as are geographically located to tow and store the vehicles at a minimum cost in the event city facilities are not available for towing or storing vehicles to be impounded. The Police Chief is hereby authorized to direct the public garage designated by the Council as aforesaid and located nearest to the vehicle to tow and store the same until disposed of as provided in this section. The garage is hereby authorized to retain the vehicles until the fees for towing and storage, on the basis of the bid, are paid.
(1999 Code, § 80.06)
If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with state law.
(Iowa Code § 321.89(4)) (1999 Code, § 80.07)
The city or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of the motor vehicle to a demolisher for junk, without a title and without notification procedures, if the motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.
(Iowa Code § 321.90(2e)) (1999 Code, § 80.08)
Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing and notification required, in accordance with state law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for 90 days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs, the police authority shall apply for reimbursement from the Department of Transportation.
(Iowa Code § 321.89(4)) (1999 Code, § 80.09)
Loading...