§ 98-85. Removal of illegally parked vehicles.

(a)

Impoundment authorized. The police department is hereby empowered to impound and remove any vehicle illegally parked under the provisions of this Code or any other ordinance of the city, and a commercial tow truck operator may be employed to remove and store such vehicle. Any vehicle impounded by the police department for any reason may be removed and conveyed by or under the direction of the police department by having the same towed to the city hall property, or to a public storage garage in the county. Upon the request of a property owner, the police department may tow an automobile unlawfully parked on private property.

(b)

Redemption. Before the owner or person in charge of any motor vehicle impounded under this section shall be permitted to remove it from the custody of the police department or of such public garage, he shall furnish evidence of his identity and title to the vehicle, shall sign a release, and shall pay the reasonable costs so incurred. The payment of such charges shall not relieve anyone of liability imposed for the violation of this chapter, or any other ordinance relating to traffic.

(c)

Public sale of unredeemed cars. Whenever a vehicle has been impounded by the city for any reason and has not been redeemed by the owner or person entitled to possession thereof for a period of 60 days, the chief of police may order the same to be sold for cash at public venue to the highest bidder; provided, however, that before holding such sale the chief of police shall endeavor to determine the identity of the owner of such vehicle, and if ascertained, shall mail written notice of such sale to the last known address of such owner not less than seven days prior to such sale; and the chief of police shall advertise such sale by publishing a notice thereof at least once in a newspaper of general circulation within the city not less than five days prior to such sale, and such published notice shall give the identity of the owner, if known, the terms, date, time and place of such sale, and a description of the vehicle. The proceeds of any such sale, less costs incurred in towing and storing such vehicle, and expenses of such sale, shall be deposited with the city treasury with a statement of the amount so deposited, of costs incurred in towing and storing the vehicle and the expenses of the sale, together with a copy of any police report relating to the vehicle and its sale, the newspaper publisher's affidavit of publication, any written notice mailed to the owner, and the name and address of the purchaser. Any owner who makes application to the city treasurer within one year of the date of such sale, upon proof of ownership shall be paid by the city treasurer any amount remaining after the aforesaid costs and expenses have been deducted. The owner of any such vehicle may redeem the same before sale by paying all such costs and expenses, and at said sale he shall be afforded prior opportunity if present to so redeem such vehicle before it is sold to any other person.

(Code 1969, § 27-48; Ord. No. 1269, § 1, 4-16-1981)