As an additional or alternative remedy to the issuance of a citation as provided in subsection 6-7-3C of this chapter, vehicles that are stopped or parked in violation of this chapter or other city ordinances may be removed and impounded as provided in this section.
A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: 1) by delivering a copy of the notice to the individual personally; 2) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; 3) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; 4) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or 5) by sending a copy thereof by first class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the city of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if: 1) the identity of the last registered owner cannot be determined; or 2) the registration contains no address for the owner; or 3) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information:
1. That the vehicle is in violation of this chapter;
2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle;
3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter;
4. That failure to comply with the provisions of this chapter within seven (7) days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation;
5. That the vehicle will be removed by the city and impounded at the owner's expense; and
6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein.
B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property.
C. Redemption Of Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section, the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership, pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. (Ord. 5398, 4-24-2017)