[Added by Ord. No. 82-13][1]
No person shall leave unattended any motor vehicle, trailer, semitrailer
or mobile home on any public highway or private or public property for such
time and under such circumstances as to cause the vehicle to reasonably appear
to have been abandoned. Whenever any such vehicle has been left unattended
on any highway or on any public or private property within the county without
the permission of the owner for more than 48 hours, the vehicle is deemed
abandoned and constitutes a public nuisance.
A motor vehicle shall not be considered an abandoned motor vehicle when
it is out of ordinary public view or when designated as not abandoned by the
Sheriff or his or her authorized representative.
Any vehicle in violation of this article shall be impounded until lawfully claimed or disposed of under §§ 221-24 through 221-26, except that if it is deemed by the Sheriff or his or her authorized representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be disposed of by the county by direct sale to a licensed salvage dealer, by sealed bid sale or by auction sale prior to expiration of the impoundment period upon determination by the Sheriff that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with §§ 221-24 through 221-26.
Any vehicle which is deemed abandoned by the Sheriff or his or her authorized representative and not disposed of under § 221-23 shall be retained in storage for a minimum period of 10 days after certified mail notice has been sent to the owner and lien holders of record to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model and serial number of the abandoned motor vehicle and the place where the vehicle is being held and shall inform the owner and any lien holders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lien holders to exercise their rights to reclaim the vehicle under this article shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle. Each retained vehicle not reclaimed by its owner or lien holder may be sold.
A.
The county shall dispose of the vehicle by sealed bid
sale or by auction sale. At such sale, the highest bid for any such motor
vehicle shall be accepted unless the same is deemed inadequate by the Sheriff
or his or her authorized representative, in which event all bids may be rejected.
If all bids are rejected or no bid is received, the county may either readvertise
the sale, adjourn the sale to a definite date, sell the motor vehicle at a
private sale or sell the motor vehicle by direct sale to a licensed salvage
dealer. Any interested person may offer bids on each abandoned vehicle to
be sold.
B.
The Sheriff or his or her authorized representative shall
advertise each such sale by posting a public notice of each such sale at the
office of the Sheriff. The Sheriff or his or her authorized representative
shall provide public notice of each such sale by posting a public notice of
each such sale at the office of the Sheriff. The posting of the notice at
the office of the Sheriff shall be in the same form as the certified mail
notice sent to the owner or lien holders of record.
A.
Upon the sale of an abandoned vehicle, the county shall
supply the purchaser with a completed form designed by the State Department
of Transportation, Division of Motor Vehicles, enabling the purchaser to obtain
a regular certificate of title for the vehicle. The purchaser shall have 10
days to remove the vehicle from the storage area but shall pay a reasonable
storage fee established by the county for each day the vehicle remains in
storage after the second business day subsequent to the sale date. Ten days
after the sale, the purchaser shall forfeit all interest in the vehicle and
the vehicle shall be deemed to be abandoned and may be sold again.
B.
Any listing of vehicles to be sold by the county shall
be made available to any interested person or organization who or which makes
a written request for such list. The county shall charge a fee of $5 for the
list.
After deducting the expenses of towing, impoundment and sale, the balance
of the proceeds, if any, shall be paid into the county treasury.
Within five days after the sale or disposal of a vehicle as provided in §§ 221-23 through 221-26, the county shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposition on a form supplied by the State Department of Transportation, Division of Motor Vehicles.
The owner of any abandoned vehicle, except a stolen vehicle, is responsible
for the abandonment and all costs of impounding and disposing of the vehicle,
provided no such costs shall be imposed without notice thereof to the owner
and an opportunity for the owner to be heard thereon. Costs not recovered
by the sale of the vehicle may be recovered in a civil action by the county
against the owner. Whether or not the county recovers the cost of towing and
enforcement, the county shall be responsible to the towing service for requisitional
towing service and reasonable charges for impoundment.
Any person who violates this article shall, upon conviction, be subject
to a forfeiture of not more than $300 together with the costs of prosecution
and penalty assessment and, in default of payment of such forfeiture and costs,
shall be subject to imprisonment in the county jail until such forfeiture
and costs are paid, but not to exceed 30 days.
