Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[229]
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 is not
properly licensed with the current state and local licenses,
does not have a current valid state inspection certificate, 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 within twenty-four
hours 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 ninety days and after
due notice of sale, have the city sergeant dispose of such
motor vehicle at a public sale. The proceeds from such sale
shall be forwarded by the city sergeant 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.)
