Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[201]
No motor vehicle which is inoperable shall be parked or
abandoned on any city street. A motor vehicle shall be deemed
inoperable for the purposes of this section if it does not bear a
current license plate or a current valid state inspection certificate
and has been in a specific location for ten days without
being moved, or, except for being disabled by an emergency, is
not capable of being operated for mechanical or other reasons.
When any such inoperable vehicle is reported to the police,
or is found by the police upon any city street, it shall be
removed for safekeeping under the direction of a police officer
to a storage garage or area which has been approved for
such use by the city manager and chief of police. Such removal
shall be immediately reported to the office of the chief
of police and a full and complete record shall be prepared and
kept by the chief of police on each such vehicle. The chief of
police shall notify the owner of such vehicle as promptly as
possible that it has been impounded. The owner of such motor
vehicle, before obtaining possession thereof, shall pay to
the city all reasonable costs incidental to the removal, storage
and locating the owner of the motor vehicle. Should such
owner fail or refuse to pay the costs or should the identity
or whereabouts of such owner be unknown or unascertainable
after a diligent search has been made and after notice
to him at his last-known address and to the holder of any lien of
record in the office of the state division of motor vehicles in the
state against the motor vehicle, the chief of police may, after
holding such motor vehicle for sixty days and after due notice of
sale, have the city sheriff dispose of such motor vehicle at a public
sale. The proceeds from such sale shall be forwarded by the city
sheriff to the city treasurer, who shall pay from the proceeds of
the sale the costs of removal, storage and investigation as to
ownership and liens and notice of sale, and the balance of such
funds shall be held by him for the owner and paid to the owner
upon satisfactory proof of ownership.
If no claim has been made by the owner for the proceeds of such
sale, after the payment of the above-mentioned costs, the funds
may be deposited to the general fund or any special fund of the
city. Any such owner shall be entitled to apply to the city within
three years from the date of such sale and if timely application is
made therefor, the city treasurer shall pay the same to the owner
without interest or other charges. No claim shall be made nor
shall any suit, action or proceeding be instituted for the recovery
of such funds after three years from the date of such sale.
(7-20-64; 4-2-73.)
