§ 90.03. CITATION; REMOVAL; DISPOSAL OF ABANDONED VEHICLES.

(A) No person shall abandon a vehicle or parts on any public or private property.

(B) The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for all of the costs incidental to the removal, storage and disposal of the vehicle or its parts.

(C) In accordance with I.C. 9-22-1-13, if, in the opinion of the officer, the market value of an abandoned vehicle or parts is $500 or less, the officer shall attach thereto in a prominent place a citation containing the following information:

(1) The date, time, officer’s name, public agency, address and telephone number to contact for information;

(2) The vehicle or parts is considered abandoned;

(3) The vehicle or parts will be removed after 72 hours;

(4) The owner will be held responsible for all costs incidental to removal, storage and disposal; and

(5) The owner may avoid costs by removal of the vehicle of parts within 72 hours.

(D) If the tagged vehicle or parts, which, in the opinion of the officer, has a market value of less than $500, is not removed within 72 hours, the officer shall, in accordance with I.C. 9-22-1-13:

(1) Prepare a written abandoned vehicle report of the vehicle or parts including information on the condition, missing parts and other facts that substantiate that the market value is less than $100;

(2) Take photographs to illustrate the condition of the vehicle or parts; and

(3) Immediately order the removal of the vehicle or parts to a storage area or scrapyard.

(E) (1) In accordance with I.C. 9-22-1-13, if in the opinion of the officer, the market value of an abandoned vehicle or parts is $500 or more, the officer shall make reasonable effort to ascertain the owner or persons who may be in control of the vehicle or parts by inquiry of other persons in the neighborhood.

(2) Thereafter, the officer shall attach to the vehicle or parts in a prominent place a citation containing the following information:

(a) The date, time, officer’s name, public agency, address and telephone number to contact for information;

(b) The vehicle or parts is considered abandoned;

(c) The vehicle or parts will be removed after 72 hours;

(d) The owner will be held responsible for all costs incidental to removal, storage and disposal; and

(e) The owner may avoid costs by removal of the vehicle or parts within 72 hours.

(F) If the tagged vehicle or parts which, in the opinion of the officer, has a market value of $500 or more is not removed within the 72-hour period, the officer shall in accordance with I.C. 9-22-1-14:

(1) Take photographs to illustrate the condition of the vehicle or parts and require the vehicle or parts to be towed to a storage or holding area;

(2) Immediately order the removal of the vehicle or parts to a storage or holding area;

(3) In accordance with I.C. 9-22-1-16, within 72 hours, after the removal of an abandoned vehicle or parts to the storage area, the Code Enforcement Officer shall prepare and forward to the Bureau an abandoned vehicle report, including the make, model, engine number if request that the Bureau advise the Code Enforcement Officer of the name and most recent mailing address of the owner and of any lien holder;

(4) Upon receipt of the requested information from the Bureau, the Code Enforcement Officer shall advise the owner or any lien holder that the vehicle or parts has been impounded at a certain location, that the vehicle or parts must be claimed within 15 days of the date of the mailing notice, and that the vehicle or parts will be disposed of after that time. The notice shall also advise the owner that all costs incurred in removing and storing the vehicle or parts are the owner’s legal responsibility;

(5) If the owner or lien holder appears to claim the vehicle before the 15-day time period, he or she shall be entitled to claim the impounded vehicle. The costs of towing, storing and keeping of the impounded vehicle must be paid to the service holding the vehicle before the vehicle may be released, if the owner or lien holder does not appear in the 15 days to claim the impounded vehicle, the service holding or storing the vehicle will become the record holder of the vehicle. If the service holding or storing the impounded vehicle does not wish to retain the impounded vehicle, and the 15-day holding period has elapsed without response from the owner or lien holder, the service may sell the vehicle to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only one newspaper insertion one week before the public sale is required;

(6) If the vehicle is in such condition that the vehicle identification number or other means of identification are not available to determine the owner of record with the Bureau, the vehicle may be disposed of without notice as permitted by I.C. 9-22-1-21;

(7) Upon complaint of a private property owner or persons in control of the property upon which a vehicle has been left for more than 48 hours without the consent of the owner or persons in control, an officer shall follow the procedures set forth in this chapter for removal of the vehicle; and

(8) Neither the owner, lessee or occupant of the property from which an abandoned vehicle is removed, or any public agency, towing service, or automobile scrapyard, is liable for any damage to the vehicle occurring during its removal, storage or disposition.

(1989 Code, § 90.03) (Ord. 2002-1002, passed 10-14-2002) Penalty, see § 90.99