(A) The owner or keeper of any garage or other place where an abandoned motor vehicle is stored shall have a lien upon the same for his storage charges, and if the current market value of the abandoned motor vehicle does not exceed $100 and the abandoned motor vehicle has been stored for a period of not less than 30 days, the owner or keeper, unless an application filed by the abandoned vehicle owner pursuant to § 90.07 is pending and the owner of the abandoned motor vehicle has notified the garage owner or keeper that the application for hearing has been filed, may sell the same for storage and towing charges owed thereon provided a notice of intent to sell shall be sent to the Commissioner of Motor Vehicles and the owner of the abandoned motor vehicle, if known, five days before the sale of the abandoned motor vehicle. If the current market value of the abandoned motor vehicle exceeds $100 and if the abandoned motor vehicle has been stored for a period of 90 days, the garage owner or keeper, unless an application filed by the vehicle owner pursuant to § 90.07 is pending and the owner of such abandoned motor vehicle has notified the garage owner or keeper that the application for hearing has been filed, shall sell the abandoned motor vehicle at public auction for cash, at his place of business, and apply the avails of the sale toward the payment of his charges and the payment of any debt or obligation incurred by the city in placing the same in storage; provided, the sale shall be advertised in a local newspaper with daily circulation three times, commencing at least five days before the sale; and, if the last place of abode of the owner of the abandoned motor vehicle is known to or may be ascertained by the garage owner or keeper by the exercise of reasonable diligence, notice of the time and place of sale shall be given to the vehicle owner by mailing such notice in a registered or certified letter, postage prepaid, at such last usual place of abode, at least five days before the time of sale. The garage owner or keeper shall report the sales price, storing, towing and repair charges, if any, buyer's name and address, identification of the abandoned motor vehicle and such other information as may be required in regulations which shall be adopted by the Commissioner of Motor Vehicles in accordance with the provisions of Chapter 54, to the Commissioner within 15 days after the sale of the abandoned motor vehicle. The proceeds of the sale, after deducting the amount due the garage owner or keeper and all expenses connected with the sale including the expenses of the city in placing the abandoned motor vehicle in storage, shall be paid to the owner of the motor vehicle or his legal representatives, if claimed by him or them at any time within one year from the date of sale of the motor vehicle. If the balance is not claimed within the period, it shall escheat to the state.
(B) If the owner of the abandoned motor vehicle placed in storage in accordance with the provisions of this section does not claim the abandoned motor vehicle within 30 days, the owner of the garage or other place of storage shall, within 40 days of the date the abandoned motor vehicle was placed in storage with him, send a written notice to the Commissioner of Motor Vehicles, stating the make, engine number and chassis number of the motor vehicle, the date the abandoned motor vehicle was left with him for storage and by whom, and the registration number thereof, if any number plates are on the abandoned motor vehicle. The notice shall be placed on file by the Commissioner and shall be subject to public inspection. Any sale under the provisions of this section shall be void, unless the notice required by this section has been given to the Commissioner.
(1967 Code, § 11A-11) (Ord. passed 2-11-1985)