HomeMy WebLinkAboutORD 09.13.1965 - Abandoned Property448 P
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AN 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 REDEMPTION
OF ABANDONED PROPERTY OTHER THAN MOTOR VEHICLES PROVIDING FOR
AUCTION SALE OF ABANDONED PROPERTY AND FOR 170TICE OF SUCH SALE,
PROVIDING FOR NOTICE OF SALE AND PROCEDURE FOR DISPOSING OF
Il20UNDED MOTOR VEHICLES, PROVIDING FOR DISPOSITION OF PROCEEDS
OF SALES AND THE KEEPING OF RECORDS ON SUCH PROPERTY.
Sec. 1 DECLARED A NUISANCE: 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 un-
attended for more than forty-eight continuous hours in or on any public street,
alley, sidewal4, park or other public place of the city is declared 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 in this article.
Sec. 2 CITY'S LIEN ON IMPOUNDED PROPERTY.
The City shall have a lien 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. 3 REDE119PTION 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 follows:
(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 keeping the
impounded property, as determined by the chief of police.
(b) 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 auction sale,
excluding 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 PROPERTY.
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 post two notices thereof,
one at the county courthouse door and one at the Ninth street entrance of
the City Hall, and shall cause a copy thereof to be published in daily news-
paper published in the city once a week for two consecutive weeks, the date
of the first publication 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 saute is unredeemed, state that the same will be sold at public
auction, designate the place of sale and state a time and date of sale which
shall not be less than fourteen days from the date of posting such notices
as herein required.
Sec. 6. PROCEDURE FOR DISPOSING OF IMPOUNDED TAOTOR 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 in 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 lienholders as shown by the records of such
department by registered mail with return receipt requested that such vehicle
has been impounded and of the provisions of this article in regard to the
redemption and sale of impounded property.
In the event a motor vehicle has not been redeemed within fifteen 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 preceeding section, shall send a copy
of such notice to the owner and lienholders as shown 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 on the records of the highway department shall constitute
notice of the pending sale of such owner or lienholders.
When the Chief of Police is unable to ascertain the names of the
owner and lienholders, and the notor vehicle has not been redeemed within
forty-five days from its impounding, no notice of sale other than posting
and advertising as prescribed in this article shall be required.
Sec. 7. PROCEDURE FOR SELLING IMPOUNDED PROPERTY
When any impounded property, including motor vehicles, is not redeemed
by the date and time designated in the notice of sale, the chief of police shall
sell such property at public auction, and, as city auctioneer, shall exe-
cute bill of sale of such property to the purchaser thereof; 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 redeemed by the
owner of the impounded property.
Sec. 8. DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY.
After deducting the impounding fee and all other actual expenses
incurred by the city in pounding, storing and selling of any property des-
cribed 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. If the
owner fails to call for such proceeds they shall be paid into 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 treasury.
Sec. 9. WREN IMPOUNDED PROPERTY TO BE SOLD AS JUNK
Impounded property which is offered for sale at public auction in
accordance with the procedure prescribed 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 pro-
ceeds from 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 contain; the
date notices of sale were posted and advertised and mailed to owners and lien -
holders; A description of all property impounded; the date and time of such
impounding; the return receipts of registered notices; the date of the sale at
auction; the amount realized for each article at such sale; the name and
address of the owner and lienholders, if known; the name and address of the
auction buyer; and any such other information as he deems necessary.
Sec. 11. FEES FOR IMPOUNDING, SELLING, ETC.
The following fees for impounding shall be charged under this
article and shall be paid into the City Treasury;
(1) For taking and impounding any personal property--$5.00 (five dollars)
(2) For preparing advertisements of sale for each article..$1.00 dollar
(3) For selling each article --fifty cents
(4) For posting notices of sale relating to any one article--$1. dollar