§ 58-83. Report; notice; public tow.

(a)

Upon having an abandoned vehicle towed, the police department shall ascertain, if possible, whether or not the vehicle has been reported stolen, and, if so reported, the police department shall recover and secure the vehicle, notify its owner and terminate the abandonment proceedings under this article. The police department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle.

(b)

As soon as possible, but in no event later than ten working days after having an abandoned vehicle towed, the police department shall report the same to the department by first class or certified mail, personal delivery or internet communication, which report shall be on a form prescribed and supplied by the department. The report shall contain the following information:

(1)

The fact of possession, including the date possession was taken, the location of storage of the abandoned vehicle and the location from which it was towed, the business address, telephone number and the name and signature of a representative from the police department;

(2)

If applicable, the identity of the operator possessing the abandoned vehicle, together with such person's business address and telephone number and the carrier number assigned by the public utilities commission; and

(3)

A description of the abandoned vehicle, including the make, model, color, and year of such vehicle; the license number, issuing state, and the expiration date of the license plate; the vehicle identification number; and a list of the names and addresses of any known owners.

(c)

The police department, upon receiving the department's report as required by state statute, shall determine, from all available information and after reasonable inquiry, whether or not the abandoned vehicle has been reported stolen, and, if so reported, shall recover and secure the vehicle and notify its owner and terminate the abandonment proceedings under this article. The police department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle.

(d)

As required by state statute, the police department, within ten working days of the receipt of the department's report, shall notify by certified mail or personal service, the owner of record, if ascertained, and any lien holder, if ascertained, of the fact of such report and the claim, if any, and shall send or serve a copy of such notice to the operator. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the vehicle, and the location from which it was towed, and that, unless claimed within 30 calendar days from the date the notice was sent or served as determined from the postmark on the notice, the vehicle is subject to sale.

(e)

Such notice shall also inform the owner of record of his opportunity to request a hearing concerning the legality of the towing of the abandoned vehicle, pursuant to this article, and the fact that the owner must contact the police department to request, in writing, a hearing within ten days of the postmarked date or date of service of the sending of the notice required by subsection (d) of this section.

(Ord. No. 04-09, § 9(5-9-15), 8-17-2004)