A. It shall be unlawful to abandon a motor vehicle on a highway, shoulder or right-of-way within the City limits of the City of Waurika. Any officer of the Waurika Police Department shall deem such vehicle abandoned and shall have the authority to remove or direct the removal of a vehicle when found upon any portion of the highway, shoulder, or right-of-way, if after a period of forty-eight (48) hours there is no evidence of an apparent owner who intends to remove the vehicle.
B. If such officer has reasonable cause to believe a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or other harm, he shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of an abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order.
C. Any such officer who has directed the impoundment of any vehicle, or an authorized person in the employing agency of the officer, shall within seventy two (72) hours of the impoundment notify the Department of Public Safety of such impoundment. The notice of impoundment shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the estimated value of the vehicle as determined by the officer. Upon receipt of such notice of impoundment, the Department of Public Safety shall, within seventy two (72) hours, request the Oklahoma Tax Commission or other appropriate motor license agent to furnish the name and address of the owner of and any lienholder on the vehicle and shall within three (3) days from receipt of the requested information send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the Tax Commission or motor license agent, of the location of the vehicle.
D. After the removal or storage of any abandoned or wrecked vehicle at the request of the Waurika Police Department, the registered or legal owner of the vehicle, or their agent, may contest the validity of the removal or storage, by filing a written request for a hearing with the City Clerk for the City of Waurika. The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the City shall not be required to conduct a hearing if the request is received more than ten (10) days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within seventy two (72) hours of the request, excluding weekends and holidays. The Administrative Body consisting of the City Manager, Chief of the Fire Department, and the Chief of the Police Department is authorized to conduct the hearing regarding the directed the removal or storage of the vehicle. At least two (2) members of the Administrative Body shall appear for hearings and a finding against a property owner requires a majority vote of the Administrative Body. The Administrative Body may, with the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by telephone conference call.
E. The Administrative Body shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If deemed unjustified, the City of Waurika shall bear the cost of hookup and tow mileage, and the operator shall waive all storage costs in such cases as a condition of eligibility to respond to a service call request from the City of Waurika. The vehicle owner or agent shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and storage. In either case, prior to the release of the vehicle to the owner or agent, proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required pursuant to Oklahoma Statutes title 47 sections 7-600 et seq., shall be furnished to the City of Waurika.
F. Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirement of this section. The owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in the District Court of Jefferson County. The District Court is vested with original jurisdiction to conduct a de novo hearing and determine the validity of removal and storage.
G. The owner of a motor vehicle or lienholder of the vehicle abandoned in violation of this section, or the owner of any vehicle or lienholder of the vehicle or insurer accepting liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner which shall have been lawfully removed from any highway or other public property may regain possession of the vehicle in accordance with regulations of the Department of Public Safety upon payment of the reasonable cost of removal and storage of such vehicle. The operator is authorized to collect all lawful fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services. An operator shall release the vehicle from storage upon authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the insurer accepting liability for paying the claim on the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale. The cost of removal and storage shall be paid to the wrecker or towing service. (amd. Ord. 06082020-11, 6-8-2020)