1068.05  REMOVAL AND IMPOUNDMENT PROCEDURES.
   Subsequent to the removal and impounding of a vehicle under the provisions of this chapter, the Police Department shall undertake the following procedures:
   (a)   A police agency which impounds a vehicle under Section 1068.03 shall do all of the following:
      (1)   Check to determine if the vehicle has been reported stolen.
      (2)   Within twenty-four hours after impounding the vehicle, enter the vehicle as impounded into the law enforcement information network.
      (3)   Within seven days, excluding Saturday, Sunday, and legal holidays, after impounding the vehicle, send a notice that the vehicle has been impounded to the owner and the secured party, if any, by first-class mail.  Each notice shall contain all of the following information:
         A.   The year, make, and vehicle identification number of the vehicle.
         B.   The location from which the vehicle was taken into custody.
         C.   The date on which the vehicle was taken into custody.
         D.   The name and address of the police agency in whose custody the vehicle is being held.
         E.   The location where the vehicle is being held.
         F.   The date by which the vehicle mut be redeemed.
         G.   That a procedure exists to contest the impoundment of the vehicle.
         H.   A warning that the failure to redeem the vehicle or to contest the impoundment of the vehicle within twenty days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
   (b)   If the owner does not contest the impoundment of the vehicle, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
   (c)   An owner may contest the impoundment of the vehicle under this section, or the matter may be resolved by the Police Chief or his or her designee prior to formal proceedings.
   (d)   After the disposition of the hearing described in subsection (c) of this section and, if a hearing is not requested, not less than fifteen days nor more than 180  days after the date the notice described in subsection (a)(3) of this section is sent, the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed.
   (e)   A public sale shall be conducted in the following manner:
      (1)   It shall be under the control of a police agency.
      (2)   It shall be open to the public and consist of open auction bidding.
      (3)   It shall be held not less than five days after public notice of the sale has been published.
      (4)   The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was taken into custody.  The public notice shall give a description of the vehicle for sale and shall state the time, date, and location of the sale.
   (f)   The money received from the public sale of the vehicle shall be applied in the following order of priority:
      (1)   Towing and storage charges.
      (2)   Expenses incurred by the police agency.
      (3)   Remainder to the secured party, if any.  If there is not a secured party, remainder to the owner.  If the remainder of the money is not claimed by the secured part or owner within thirty days after the sale, it shall become the property of the unit of government that the police agency represents.
   (g)   If there are no bidders on the vehicle, the police agency may do one of the following:
      (1)   Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
      (2)   Obtain title to the vehicle for the police agency or the unit of government the police agency represents by doing both of the following:
         A.   Paying the towing and storage charges.
         B.   Applying for title to the vehicle.
      (3)   Hold another public sale pursuant to subsection (e) of this section.
   (h)   Within two days, excluding Saturday, Sunday and legal holidays, after the disposition of the vehicle the police agency shall cancel the entry into the law enforcement information network described in Section 1068.05(a).
(Ord. 2001-04.  Passed 3-19-01.)