§ 12-254. Removal, storage, notice, or reclaiming of abandoned vehicles.

The provisions of this section shall apply to the removal, storage, notice, reclaim or disposal of abandoned vehicles.

(1)

Removal. The provisions for removal of abandoned vehicles shall be as follows:

a.

Any police officer who discovers any motor vehicles, trailer, semitrailer or mobile home on any public street or highway or private or public property in the village which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment.

b.

Upon removal of the vehicle the police officer shall notify the police chief or his designee of the abandonment and of the location of the impounded vehicle.

c.

Upon causing the removal of the motor vehicle by a towing service, the officer shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle, unless the village has entered into a towing services agreement which requires the village to provide notice to such owner and lienholders of the towing.

d.

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. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the village against the owner. Whether or not the village recovers the cost of towing and enforcement, the village shall be responsible to the towing service for requisitional towing service and reasonable charges for impoundment

(2)

Storage and reclamation. Any abandoned vehicle except a stolen vehicle which is determined by the police chief or his designee to be abandoned shall be retained in storage for a period of ten days after certified mail notice, as hereinafter provided, has been sent to the owner and lienholders 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, the place where the vehicle is being held, and shall inform the owner and any lienholders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this section 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 lienholder may be sold. The village may dispose of the vehicle by sealed bid or auction sale as provided by ordinance. At such sale the highest bid for any such motor vehicle shall be accepted unless the same is deemed inadequate by a duly authorized village representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the village may either readvertise the sale, adjourn the sale to a definite date, sell the motor vehicle at a private sale or junk the vehicle. Any interested person may offer bids on each abandoned vehicle to be sold. Upon sale of an abandoned vehicle, the village shall supply the purchaser with a completed form designed by the state department of transportation enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have ten days to remove the vehicle from the storage area, but shall pay a reasonable storage fee established by the village 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. Any listing of vehicles to be sold by the village shall be made available to any interested person or organization which makes a written request for such list. The village may charge a fee for the list.

(3)

Junked or sold status. If the police chief or his designee determines an abandoned vehicle has a value of less than $100.00, or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, it may be junked or sold by direct sale to a licensed salvage dealer after having been retained in storage for a period of seven days and after certified mail notice, as hereinafter priced, has been sent to the owner and lienholder of record it is first determined that the vehicle is not reported stolen or wanted for evidence or other reason. Any such vehicle which may be lawfully reclaimed may be released upon the payment of all accrued charges, including towing, storage and notice charges and upon presentation of the vehicle title or other satisfactory evidence to the police chief or his designee to prove an ownership or secured party interest in said vehicle.

(Code 1984, § 8-4-3)

State law reference

Similar provision, Wis. Stats. § 342.40.