HomeMy WebLinkAboutUndated OrdinanceAN ORDINANCE
AN ORDINANCE DECLARING ABANDONED VEHICLES
AND OTHER PROPERTY A NUISANCE AND IMPOSING A
DUTY ON POLICE TO IMPOUND CREATING A LIEN ON
IMPOUNDED PROPERTY FOR CITY. PROVIDING FOR RX&
DEMPTION OF ABANDONED PROPERTY OTHER THAN
MOTOR VEHICLES PROVIDING FOR AUCTION SALE OF
ABANDONED PROPERTY AND FOR NOTICE OF SUCH SALE,
PROVIDING FOR NOTICE OF SALE AND PROCEDURE FOR
DISPOSING OF IMPOUNDED MOTOR VEHICLES, PROVIDING
FOR DISPOSITION OF PROCEEDS OF SALES AND THE KEEP•+
ING OF RECORDS ON SUCH PROPERTY,
Sec., I DECLARED A NUISANCTt DUTY OF POLICE TO IMPOUND.
Any vehicle or other property or obstruction* placed, left standing,
parked, erected or lying in violation of any ordinance of the city or left on.
attended for more than forty-sight hoatinuous hours in or on any public street.
allby, sidewalk, park or other public place of the city is dsclared.to be a
nuisance, and any such property when so found shall be removed summarily
by any police officer of the city and taken to the place to be pounded and shall
be kept there until redeemed or sold as provided is this article.
Sec. 2 CITY'S LIEN ON IMPOUNDED PROPERTY•
The City shall have a lion on such impounded personal property as
provided in the preceeding section for all costs incurred in impounding, storing
and advertising such property. Such lien shall be prior and superior to all
other liens of every kind, save and except liens for ad valorem taxes. and the
city may retain possession thereof until all costs are paid and may sell the
same as provided in this article. `
Sec. 8 REDEMPTION OF IMPOUNDED PROPERTY.
The owner or any person legally entitled to possession of any impounded
personal property as provided for in this article may redeem the same as followsl
(a) BEFORE SALE` By paying to the Chief of Police the impounding
fee and any other actual expenses incurred by the city in impounding and keep •
ing the impounded property, as determined by the chief of police
@$ AFTER SALE. By paying to the buyer at the auction sale double
the amount paid by him for such personal property and any reasonable expenses
incurred by him for keeping same= provided that the property must be redeemed
from the auction buyer within thirty days after the date of the auctions sales
occluding the date of sale, otherwise. title to the property shall become absolute
in the auction buyer.
Sec. 4, WHEN CHIEF OF POLICE TO AUCTION IMPOUNDED PROMERTY.
When any personal property, other than motor vehicles. is not redeemed
within sixty days after being impounded. and when any motor vehicle is not
redeemed after compliance by the chief of police with the provisions of section
,6 of this code, the Chief of Police shall sell the same at public auction to satisfy
the lien of the City.
Sec. 5 NOTICE OF SALE OF IMPOUNDED PROPERTY OTHER THAN
MOTOR VEHICLES.
Before selling any personal property as provided for in this article,
other than motor vehicles, the chief of police shall pot two notices thereof, one
at the county courthouse door and one at the lriath4 street entrance of the City
Hall, and shall cause a copy thereof to be published in daily newspaper published
in the city once a week for two consecutive weeks, the date of the first publica-
tion to be at least fourteen days prior to the date of the auction sale. The notice
of sale shall describe the impounded property. state that the sans is unredeemed.
state that the same will be sold at public auction4 designate the place of sale
and state a time and date of sale which shall not be less than fourteen days from
tih,& Ahab of noitinr ■nch notice& as herein required.
Sec. b. PROCEDURE FOR DISPOSING OF IMPOUNDED MOTOR
VEHICLES.
When any motor vehicle has not been redeemed within thirty days from
the date of its impounding, it shall be the duty of the chief of police to submit
to the state highway department and the similar agency of the proper state when
the vehicle is from another state, all information is his possession concerning
such vehicle and to request that such department supply to him all information
the records of that department contain on such vehicle. Immediately on receipt
of such information from such department the chief of police shall notify the
owner and lWaholders as shown by the records of such department by registered
email with return receipt requested that such vehicle has boon impounded and of
the provisions of this article in regard to the redemption and sale of impounded
property.
" i In the event a motor vehicle has act been redeemed w1tbia 119tees days
from the receipt of the return receipt or notice of nondelivery of such registered
mail, the chief of police shall prepare a notice of sale of such vehicle, in the
manner described in the prodeeding section, shall send a copy of such notice to
the owner and lienholders as shows by the records of the highway department by
registered mail and shall post and advertise such notices in the manner required
in the preceeding section. Notice by registered mail to the address shown an
the records of the highway department shall constitute notice of the pending sale
of such owner or lienholders.
When the Chief of Police is unatis to ascertain the names of the owner and
lionholders, and the motor vehicle has not been redeemed within forty-five days
from its impounding. no notice of sale other than posting and advertising as pro.,
scribed in this article shall be required.
Sec. T PROCEDURE FOR SELLING IMPOUNDED PROPTRTY.
Whoa any impounded propertys, including motor vehicles, is not redeemed
by the date and time designated in the notice apt sale. the chief of police shall
sell such property at public auction, ands, as city auctioneer, shall execute bill
of sale of such property to the purchaser therooti provided. that he shall not
execute or deliver any but a conditional bill of sale unless and until the title of
the buyer has become absolute by an expiration of thirty days in time, exclusive
of the day of sale. without being redeeemod by the owner of the impounded property.
Sec. d DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY.
After deducting the impounding foo and all other actual expenses in-
curred by the city in pounding, storing and selling of any property described in
this article. as determined by the chief of police, not to exceed a reasonable
amount for each impounded article, he shall pay the balance of the proceeds of
such sale, if any, to the owner of the property. It the owner fails to call for
such proceeds they shalt be paid into the city treasury. Within six months after
such auction sale, the owner may apply in writing to the chief of police, and upon
satisfactory proof of ownership, shall be entitled to receive the amount of the
proceeds delivered to the city tress ry.
See. 9 WHEN IMPOUNDED PROPERTY TO BE SOLD AS BUNK.
Impounded property which is offered for sale at public auction in accord-
ance with the procedure proscribed in this article and upon which no person bids,
shall thereafter be sold or otherwise disposed of as junk. Money received for
junk property shall be disposed of in the same manner as proceeds brow an
auction sale under this article.
Sec. 10. CHIEF OF POLICE'S RECORD BOOK OF IMPOUNDED PROPERTY.
The Chief of Police shall keep a record book which shall contains the date
notices of sale were posted and advertised and emailed to owners and lienholderss
A description of all property impounded; the date and time of such impoundingi
the return receipts of registered notices; the date of the sale at auction; the
amount realised for each article at such sale; the name and address of the owner
and lienhoiderso if known; the name and address of the auction buyer; and any
such other information as he deems necessary.
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