CITY OF CLAYPOOL - ABANDONED VEHICLES
July 28, 2016 at 4:25 p.m.
By -
AN ORDINANCE ON ABANDONED VEHICLES
WHEREAS, the Town of Claypool wish to repeal Ordinance No. 75-4 A Vehicle Regulation Ordinance and all amendments to it, and
WHEREAS, the Town of Claypool wish to adopt a new Ordinance on Abandoned Vehicles,
and
WHEREAS, this Ordinance should be construed pursuant to I.C. 9-22 et seq. and any amendments thereto.
NOW, THEREFORE, be it ordained by the Town Council of Claypool, Indiana:
ARTICLE I
1. Definitions:
1. Abandoned Vehicle. IC 9-13-2-1
"Abandoned vehicle" means the following:
(1) A vehicle located on public property illegally.
(2) A vehicle cleft on public property without being moved for twenty-four (24) hours.
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicles removal.
(7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
2. Property. Shall mean any real property within the
Town which is not a street or highway.
3. Street or Highway. Shall mean the entire width between
the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and shall include but not be limited to every fire lane or alley and any other public way.
4. Owner. (IC 9-13-2-121)
(a) "Owner" means, except as otherwise provided in this section, when used in reference to a motor vehicle:
(1) A person who holds the legal title of a motor vehicle;
(2) A person renting or leasing a motor vehicle and having exclusive use of the motor vehicle for more than thirty (30) days; or
(3) If a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
(b) "Owner" for purposes of this ordinance, means, when used
in reference to a motor vehicle, a person who holds the legal title of a motor vehicle, or if a:
(1) Motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or
(2) Mortgagor of a motor vehicle is entitled to possession; the conditional vendee or lessee or mortgagor is considered to be the owner for the purpose of this ordinance.
(c) "Owner" for purposes of IC 9-22-1, means the last known record titleholder of a vehicle according to the records of the bureau under IC 9-17.
5. Public Agency. Defined means a legal agency given the responsibilities by ordinance for removal, storage or disposal of abandoned vehicles, such as the Town of Claypool and/or Town Marshall.
2. This Ordinance does not apply to the following: (IC 9-22-1-1)
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as an automobile scrap yard.
(5) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
(6) A golf cart.
(7) An off-road vehicle.
(8) A stored vehicle titled to and owned by a U.S. Serviceman so long as it is stored on private property.
3. Officer Defined Means: (IC 9-22-1-2)
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of the county police force.
(5) An individual of an agency designated by ordinance of the fiscal body.
4. Public Agency Defined: (IC 9-22-1-3) "Public Agency" means a local agency given the responsibility by statute or ordinance for the removal, storage, and disposal of abandoned vehicles.
5. Storage Yard Defined: (IC 9-22-1-3.5) "Storage Yard" means a storage facility or
a towing service used for the removal and storage of abandoned vehicles or parts.
ARTICLE II
1. Responsibility and Liability of Owner of Abandoned Vehicle or Parts; Limitation of Costs for Storage. (IC 9-22-1-4)
(a) Except as provided in subsection (c), the owner of an abandoned vehicle or parts is:
(1) Responsible for the abandonment; and
(2) Liable for all of the costs incidental to the removal, storage, and disposal; of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed one thousand five hundred dollars ($1,500.00).
(c) If an abandoned vehicle is sold by a person who removed, towed, or stored the vehicle, the person who previously owned the vehicle is not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed, towed, or stored the vehicle, and proceeds from the sale of the vehicle covered the removal, towing, and storage expenses, any remaining proceeds from the sale of the vehicle shall be returned to the previous owner of the vehicle if the previous owner is known.
2. Discovery of Possession By Person Other than Vehicle Owner: (IC 9-22-1-5)
When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer.
3. Inability to Determine Ownership; Declaring Vehicle Abandoned: (IC 9-22-1-7)
IF:
(1) The owner of a lien holder under I.C. 9-22-1-8 of this chapter does not appear and pay all costs; or
(2) The owner of a vehicle cannot be determined by a search conducted under Article IV section of this Ordinance (IC 9-22-1- 19); the vehicle is considered abandoned and must be disposed of under this chapter.
ARTICLE III
1. Tagging Abandoned Vehicle or Parts. (IC 9-22-1-11)
An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer's name, public agency, and address and telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) Twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
(8) Seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:
(A) Twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
(8) Seventy-two (72) hours, for any other vehicle.
2. Officer's Abandoned Vehicle Report; Photographs. (IC 9-22-1-12) If a vehicle or a part tagged under section II of this chapter is not removed within the applicable period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition and missing parts. Photographs may be taken to describe the condition of the vehicle or parts.
3. Duties of Tagging Officer; Towing and Storage of Vehicle or Parts. (IC 9-22-1-14)
(a) If the opinion of the officer the market value of the abandoned vehicle or parts is at least:
(1) One Thousand Dollars ($1,000.00); or
(2) In a municipality that has adopted an ordinance under Article IV of this ordinance, the amount established by the ordinance; the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.
ARTICLE IV
1. Disposal of Vehicle or Parts; Retention of Records and Photographs by Bureau. (IC 9-22-1-13)
(a) If the vehicle is a junk vehicle and the market value of an abandoned vehicle or parts is less than:
(1) One Thousand Dollars ($1,000.00); or
(2) In a municipality that has adopted an ordinance under subsection (b), the amount established by the ordinance; the towing service shall immediately transfer the vehicle to a storage yard. A copy of the abandoned vehicle report and photographs, if applicable, relating to the abandoned vehicle shall be provided to the storage yard. A towing service or storage yard may dispose of an abandoned vehicle not less than thirty (30) days after the date on which the towing service removed the abandoned vehicle. A city, county, or town that operates a storage yard under IC 36-9-30-3 may dispose of an abandoned vehicle to an automobile scrap yard or an automotive salvage recycler upon removal of the abandoned vehicle. The public agency or storage yard disposing of the vehicle shall retain the original records and photographs for at least two (2) years.
If the vehicle is demolished, a copy of the abandoned vehicle report shall be forwarded to the bureau by the automobile scrap yard after the vehicle has been demolished.
(b) The Town of Claypool further provides that an officer or Town Marshall may dispose of a vehicle or parts under subsection if the market value of such is Seven Hundred Fifty Dollars ($750.00) or less.
(c) When the bureau receives the report described in subsection (a), the bureau shall note the status of the vehicle in the records of the bureau.
2. Complaint by Person Owning or Controlling Private Property. (IC 9-22-1-18)
Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least forty-eight (48) hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in Article III and Article IV, Section I of this ordinance.
3. National Data Base Search; Notification; Storage Costs. (IC 9-22-1-19)
(a) Within seventy-two (72) hours after removal of a vehicle to a storage yard or towing service under section 13, 14, or 16 of this chapter, the public agency or towing service shall conduct a search of national data bases, including a data base of vehicle identification numbers, to attempt to obtain the last state of record of the vehicle in order to attempt to ascertain the name and address of the person who owns or holds a lien on the vehicle.
(b) A public agency or towing service that obtains the name and address of the owner of or lien holder on a vehicle shall, not later than seventy-two (72) hours after obtaining the name and address, notify the person who owns or holds a lien on the vehicle of the:
(1) Name;
(2) Address; and
(3) Telephone number;
of the public agency or towing service. The notice must be made by certified mail or by means of an electronic service approved by the bureau. Notwithstanding section 4 of this chapter, a public agency or towing service that fails to notify the owner of or lien holder on the vehicle as set forth in this subsection may not collect additional storage costs incurred after the date of receipt of the name and address obtained.
4. Means of Vehicle Identification Not Available; Disposal Wit"out Notice. (IC 9-22-1-21) If a vehicle or parts are in such a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of without notice.
5. Public Sale By City, Town or County; Notice. (IC 9-22-1-23)
(a) This section applies to a city, town, or county.
(b) Except as provided in subsection (c), if the person who owns or holds a lien upon a vehicle does not appear within twenty (20) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the unit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (1) week before the public sale is required.
(2) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (I) newspaper insertion one (1) week before the public sale is required.
(c) This subsection applies to a consolidated city or county containing a consolidated city. If the person who owns or holds a lien upon a vehicle does not appear within fifteen (I 5) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the unit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (I) week before the public sale is require.
(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The fifteen (15) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.
6. Purchasers at Public Sales; Bill of Sale; Fees, Roadworthiness of Vehicle. (IC -22-1-24) A person who purchases a vehicle under section 5 of this ordinance shall be furnished a bill of sale for each abandoned vehicle sold by the public agency upon paying the fee for a bill of sale under IC 9-29-7. A person who purchases a vehicle under section 5 of this ordinance must:
(1) Present evidence from a law enforcement agency that the vehicle purchased is roadworthy, if applicable; and
(2) Pay the appropriate title fee under IC 9-29-4; to obtain a certificate of title under IC 9-17 for the vehicle.
7. Sale Proceeds Credited Against Removal, Storage, and Disposition Costs. (IC 9-22-1-26) The proceeds of sale of an abandoned vehicle or parts under section 23 of this chapter shall be credited against the costs of the removal, storage, and disposal of the vehicle.
8. Sales By City, County, or Town; Deposit of Proceeds; Payment of Public Agency Costs; Appropriations. (IC 9-22-1-27)
(a) This section applies to sales of abandoned vehicles or parts by a city, county, or town.
(b) The proceeds from the sale of abandoned vehicles or parts, including:
(1) Charges for bills of sale; and
(2) Money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles; shall be deposited in the city's. county's, or town's abandoned vehicle fund by the fiscal officer of the city, county, or town.
(c) The costs incurred by a public agency in administering this chapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money to the fund to carry out this chapter. Money remaining in the fund at the end of a year remains in the fund and does not revert to the general fund.
(e) Nothwithstanding subsection (d). the fiscal body of a consolidated city may transfer money from the fund.
ARTICLE V
1. Fiscal Body Procedures Established By Ordinance; Abandoned Vehicle Fund. (IC 9-22-1-30)
(a) The fiscal body shall. by ordinance, establish procedures to carry out this chapter, including the following:
(1) The charges allowed for towing and storage of abandoned vehicles, which shall be filed with the bureau.
(2) The means of disposition of vehicles.
(b) The fiscal body shall establish an abandoned vehicle fund for the purposes of this chapter.
2. Public Agencies; Personnel, Property, and Towing Contracts; Fiscal Body (IC 9-22-1-31) To facilitate the removal of abandoned vehicles or parts, a public agency may:
(1) Employ personnel;
(2) Acquire equipment, property, and facilities; and
(3) Enter into towing contracts;
for the removal, storage and disposition of abandoned vehicles and parts. The fiscal body, may, by ordinance, establish procedures to carry out this section.
3. Liability for Loss or Damage to Vehicle or Vehicle Parts. (IC 9-22-1-32) The following are not liable for loss or damage to a vehicle or parts occurring during the removal or storage of a vehicle or parts under this chapter:
(1) A person who owns, leases, or occupies property from which an abandoned vehicle or its contents or parts are removed;
(2) A public agency;
(3) A towing service;
(4) An automobile scrap yard;
(5) A storage yard; and
(6) An agent of a person or entity listed in subdivisions (1) through (5) above.
ARTICLE VI
This ordinance shall be in full force and effect from and after its passage and after due publication as provided by law.
Passed and adopted by the Town Council of the Town of Claypool, Indiana, on the 16th day of December, 2013.
Town Council of the Town of Claypool, Indiana
Donald R. Miller
Nikki Miller
Tom Burnsworth
ATTEST:
Connie Morgan, Clerk-Treasurer
Town of Claypool, Indiana
1-25 hspaxlp
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AN ORDINANCE ON ABANDONED VEHICLES
WHEREAS, the Town of Claypool wish to repeal Ordinance No. 75-4 A Vehicle Regulation Ordinance and all amendments to it, and
WHEREAS, the Town of Claypool wish to adopt a new Ordinance on Abandoned Vehicles,
and
WHEREAS, this Ordinance should be construed pursuant to I.C. 9-22 et seq. and any amendments thereto.
NOW, THEREFORE, be it ordained by the Town Council of Claypool, Indiana:
ARTICLE I
1. Definitions:
1. Abandoned Vehicle. IC 9-13-2-1
"Abandoned vehicle" means the following:
(1) A vehicle located on public property illegally.
(2) A vehicle cleft on public property without being moved for twenty-four (24) hours.
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicles removal.
(7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
2. Property. Shall mean any real property within the
Town which is not a street or highway.
3. Street or Highway. Shall mean the entire width between
the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and shall include but not be limited to every fire lane or alley and any other public way.
4. Owner. (IC 9-13-2-121)
(a) "Owner" means, except as otherwise provided in this section, when used in reference to a motor vehicle:
(1) A person who holds the legal title of a motor vehicle;
(2) A person renting or leasing a motor vehicle and having exclusive use of the motor vehicle for more than thirty (30) days; or
(3) If a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
(b) "Owner" for purposes of this ordinance, means, when used
in reference to a motor vehicle, a person who holds the legal title of a motor vehicle, or if a:
(1) Motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or
(2) Mortgagor of a motor vehicle is entitled to possession; the conditional vendee or lessee or mortgagor is considered to be the owner for the purpose of this ordinance.
(c) "Owner" for purposes of IC 9-22-1, means the last known record titleholder of a vehicle according to the records of the bureau under IC 9-17.
5. Public Agency. Defined means a legal agency given the responsibilities by ordinance for removal, storage or disposal of abandoned vehicles, such as the Town of Claypool and/or Town Marshall.
2. This Ordinance does not apply to the following: (IC 9-22-1-1)
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
(4) A vehicle located upon property licensed or zoned as an automobile scrap yard.
(5) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
(6) A golf cart.
(7) An off-road vehicle.
(8) A stored vehicle titled to and owned by a U.S. Serviceman so long as it is stored on private property.
3. Officer Defined Means: (IC 9-22-1-2)
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of the county police force.
(5) An individual of an agency designated by ordinance of the fiscal body.
4. Public Agency Defined: (IC 9-22-1-3) "Public Agency" means a local agency given the responsibility by statute or ordinance for the removal, storage, and disposal of abandoned vehicles.
5. Storage Yard Defined: (IC 9-22-1-3.5) "Storage Yard" means a storage facility or
a towing service used for the removal and storage of abandoned vehicles or parts.
ARTICLE II
1. Responsibility and Liability of Owner of Abandoned Vehicle or Parts; Limitation of Costs for Storage. (IC 9-22-1-4)
(a) Except as provided in subsection (c), the owner of an abandoned vehicle or parts is:
(1) Responsible for the abandonment; and
(2) Liable for all of the costs incidental to the removal, storage, and disposal; of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed one thousand five hundred dollars ($1,500.00).
(c) If an abandoned vehicle is sold by a person who removed, towed, or stored the vehicle, the person who previously owned the vehicle is not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed, towed, or stored the vehicle, and proceeds from the sale of the vehicle covered the removal, towing, and storage expenses, any remaining proceeds from the sale of the vehicle shall be returned to the previous owner of the vehicle if the previous owner is known.
2. Discovery of Possession By Person Other than Vehicle Owner: (IC 9-22-1-5)
When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer.
3. Inability to Determine Ownership; Declaring Vehicle Abandoned: (IC 9-22-1-7)
IF:
(1) The owner of a lien holder under I.C. 9-22-1-8 of this chapter does not appear and pay all costs; or
(2) The owner of a vehicle cannot be determined by a search conducted under Article IV section of this Ordinance (IC 9-22-1- 19); the vehicle is considered abandoned and must be disposed of under this chapter.
ARTICLE III
1. Tagging Abandoned Vehicle or Parts. (IC 9-22-1-11)
An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer's name, public agency, and address and telephone number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after:
(A) Twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
(8) Seventy-two (72) hours, for any other vehicle.
(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:
(A) Twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
(8) Seventy-two (72) hours, for any other vehicle.
2. Officer's Abandoned Vehicle Report; Photographs. (IC 9-22-1-12) If a vehicle or a part tagged under section II of this chapter is not removed within the applicable period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition and missing parts. Photographs may be taken to describe the condition of the vehicle or parts.
3. Duties of Tagging Officer; Towing and Storage of Vehicle or Parts. (IC 9-22-1-14)
(a) If the opinion of the officer the market value of the abandoned vehicle or parts is at least:
(1) One Thousand Dollars ($1,000.00); or
(2) In a municipality that has adopted an ordinance under Article IV of this ordinance, the amount established by the ordinance; the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
(b) After seventy-two (72) hours, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.
ARTICLE IV
1. Disposal of Vehicle or Parts; Retention of Records and Photographs by Bureau. (IC 9-22-1-13)
(a) If the vehicle is a junk vehicle and the market value of an abandoned vehicle or parts is less than:
(1) One Thousand Dollars ($1,000.00); or
(2) In a municipality that has adopted an ordinance under subsection (b), the amount established by the ordinance; the towing service shall immediately transfer the vehicle to a storage yard. A copy of the abandoned vehicle report and photographs, if applicable, relating to the abandoned vehicle shall be provided to the storage yard. A towing service or storage yard may dispose of an abandoned vehicle not less than thirty (30) days after the date on which the towing service removed the abandoned vehicle. A city, county, or town that operates a storage yard under IC 36-9-30-3 may dispose of an abandoned vehicle to an automobile scrap yard or an automotive salvage recycler upon removal of the abandoned vehicle. The public agency or storage yard disposing of the vehicle shall retain the original records and photographs for at least two (2) years.
If the vehicle is demolished, a copy of the abandoned vehicle report shall be forwarded to the bureau by the automobile scrap yard after the vehicle has been demolished.
(b) The Town of Claypool further provides that an officer or Town Marshall may dispose of a vehicle or parts under subsection if the market value of such is Seven Hundred Fifty Dollars ($750.00) or less.
(c) When the bureau receives the report described in subsection (a), the bureau shall note the status of the vehicle in the records of the bureau.
2. Complaint by Person Owning or Controlling Private Property. (IC 9-22-1-18)
Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least forty-eight (48) hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in Article III and Article IV, Section I of this ordinance.
3. National Data Base Search; Notification; Storage Costs. (IC 9-22-1-19)
(a) Within seventy-two (72) hours after removal of a vehicle to a storage yard or towing service under section 13, 14, or 16 of this chapter, the public agency or towing service shall conduct a search of national data bases, including a data base of vehicle identification numbers, to attempt to obtain the last state of record of the vehicle in order to attempt to ascertain the name and address of the person who owns or holds a lien on the vehicle.
(b) A public agency or towing service that obtains the name and address of the owner of or lien holder on a vehicle shall, not later than seventy-two (72) hours after obtaining the name and address, notify the person who owns or holds a lien on the vehicle of the:
(1) Name;
(2) Address; and
(3) Telephone number;
of the public agency or towing service. The notice must be made by certified mail or by means of an electronic service approved by the bureau. Notwithstanding section 4 of this chapter, a public agency or towing service that fails to notify the owner of or lien holder on the vehicle as set forth in this subsection may not collect additional storage costs incurred after the date of receipt of the name and address obtained.
4. Means of Vehicle Identification Not Available; Disposal Wit"out Notice. (IC 9-22-1-21) If a vehicle or parts are in such a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of without notice.
5. Public Sale By City, Town or County; Notice. (IC 9-22-1-23)
(a) This section applies to a city, town, or county.
(b) Except as provided in subsection (c), if the person who owns or holds a lien upon a vehicle does not appear within twenty (20) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the unit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (1) week before the public sale is required.
(2) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (I) newspaper insertion one (1) week before the public sale is required.
(c) This subsection applies to a consolidated city or county containing a consolidated city. If the person who owns or holds a lien upon a vehicle does not appear within fifteen (I 5) days after the mailing of a notice or the notification made by electronic service under section 19 of this chapter, the unit may sell the vehicle or parts by either of the following methods:
(1) The unit may sell the vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under IC 5-3-1, except that only one (1) newspaper insertion one (I) week before the public sale is require.
(2) The unit may sell the vehicle or part as unclaimed property under IC 36-1-11. The fifteen (15) day period for the property to remain unclaimed is sufficient for a sale under this subdivision.
6. Purchasers at Public Sales; Bill of Sale; Fees, Roadworthiness of Vehicle. (IC -22-1-24) A person who purchases a vehicle under section 5 of this ordinance shall be furnished a bill of sale for each abandoned vehicle sold by the public agency upon paying the fee for a bill of sale under IC 9-29-7. A person who purchases a vehicle under section 5 of this ordinance must:
(1) Present evidence from a law enforcement agency that the vehicle purchased is roadworthy, if applicable; and
(2) Pay the appropriate title fee under IC 9-29-4; to obtain a certificate of title under IC 9-17 for the vehicle.
7. Sale Proceeds Credited Against Removal, Storage, and Disposition Costs. (IC 9-22-1-26) The proceeds of sale of an abandoned vehicle or parts under section 23 of this chapter shall be credited against the costs of the removal, storage, and disposal of the vehicle.
8. Sales By City, County, or Town; Deposit of Proceeds; Payment of Public Agency Costs; Appropriations. (IC 9-22-1-27)
(a) This section applies to sales of abandoned vehicles or parts by a city, county, or town.
(b) The proceeds from the sale of abandoned vehicles or parts, including:
(1) Charges for bills of sale; and
(2) Money received from persons who own or hold liens on vehicles for the cost of removal or storage of vehicles; shall be deposited in the city's. county's, or town's abandoned vehicle fund by the fiscal officer of the city, county, or town.
(c) The costs incurred by a public agency in administering this chapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money to the fund to carry out this chapter. Money remaining in the fund at the end of a year remains in the fund and does not revert to the general fund.
(e) Nothwithstanding subsection (d). the fiscal body of a consolidated city may transfer money from the fund.
ARTICLE V
1. Fiscal Body Procedures Established By Ordinance; Abandoned Vehicle Fund. (IC 9-22-1-30)
(a) The fiscal body shall. by ordinance, establish procedures to carry out this chapter, including the following:
(1) The charges allowed for towing and storage of abandoned vehicles, which shall be filed with the bureau.
(2) The means of disposition of vehicles.
(b) The fiscal body shall establish an abandoned vehicle fund for the purposes of this chapter.
2. Public Agencies; Personnel, Property, and Towing Contracts; Fiscal Body (IC 9-22-1-31) To facilitate the removal of abandoned vehicles or parts, a public agency may:
(1) Employ personnel;
(2) Acquire equipment, property, and facilities; and
(3) Enter into towing contracts;
for the removal, storage and disposition of abandoned vehicles and parts. The fiscal body, may, by ordinance, establish procedures to carry out this section.
3. Liability for Loss or Damage to Vehicle or Vehicle Parts. (IC 9-22-1-32) The following are not liable for loss or damage to a vehicle or parts occurring during the removal or storage of a vehicle or parts under this chapter:
(1) A person who owns, leases, or occupies property from which an abandoned vehicle or its contents or parts are removed;
(2) A public agency;
(3) A towing service;
(4) An automobile scrap yard;
(5) A storage yard; and
(6) An agent of a person or entity listed in subdivisions (1) through (5) above.
ARTICLE VI
This ordinance shall be in full force and effect from and after its passage and after due publication as provided by law.
Passed and adopted by the Town Council of the Town of Claypool, Indiana, on the 16th day of December, 2013.
Town Council of the Town of Claypool, Indiana
Donald R. Miller
Nikki Miller
Tom Burnsworth
ATTEST:
Connie Morgan, Clerk-Treasurer
Town of Claypool, Indiana
1-25 hspaxlp
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