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HomeMy WebLinkAbout08222ORDINANCE NO. 8222 AN ORDINANCE AMENDING SECTION 15-1-8(a)(25) OF CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE, RELATING TO ABANDONED AND IMPOUNDED VEHICLES WHEREAS, due to inflation, the dollar value established in State law and City ordinance for requiring enhanced due process is now too low; and WHEREAS, the State of Colorado has amended its counterpart statutes concerning abandoned and impounded vehicles to increase the dollar value required for enhanced due process; and WHEREAS, the City's ordinances should be amended to reflect the values stated in the state statutes; and WHEREAS, the five day requirement for certain reports stated in the City's ordinances and counterpart State statutes on abandoned and impounded vehicles is too short for practical compliance; and WHEREAS, the State has amended its counterpart statutes for certain reports on abandoned and impounded vehicles to allow ten days for such reports; and WHEREAS, the City's ordinances should be amended to be consistent with the counterpart State statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added ): SECTION 1. Section 15-1-8(a)(25) of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 15-1-8. Amendments and additions . (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added, or amended to read as follows: . . . 1802. Sale of abandoned and impounded vehicles. (25) "(1) Definitions. As used in this section: "(a) 'Abandoned motor vehicle' means: "(I) Any motor vehicle which is left unattended on private property for a period of seventy-two hours or longer without the consent of the owner or lessee of such property or the owner's or lessee's legally authorized agent and which is towed pursuant to the provisions of Section 15-1-8(a)(24); "(II) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, within the limits of the City for a period of seventy-two hours or longer; "(III) Any motor vehicle stored in an impound lot at the request of the police department and not removed from the impound lot within seventy-two hours of the time the law enforcement agency notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees; "(IV) Any motor vehicle which is towed pursuant to the provisions of Section 15-1-8(a)(24). "(b) 'Appraisal' means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by a police officer designated by the chief of police who shall have ability to make such estimates and whose name shall have been reported by the chief of police to the executive director of the Colorado department of revenue. "(c) 'Impound lot' means a parcel of real property which is owned or leased by an operator at which motor vehicles are stored under appropriate protection. "(d) 'Operator' means a person licensed by the Colorado public utilities commission as a towing carrier. "(e) 'Private property' means any real property which is not public property. "(f) 'Private tow' means any tow of an abandoned motor vehicle other than a public tow. "(g) 'Public tow' means any tow of an abandoned motor vehicle requested by a police officer employed by the City. The term does not include tows requested by an owner or driver of a motor vehicle even though the tow was arranged with the assistance of a City police officer. Private tows arranged with the assistance of a City police officer include but are not limited to tows requested by an owner or driver of a motor vehicle which has been involved in an automobile accident. "(2) Any police officer employed by the City who finds a motor vehicle which he has reasonable grounds to believe has been abandoned may cause such motor vehicle to be removed and stored at any public or private impound lot. Any police officer employed by the City who finds a motor vehicle, attended or unattended, standing on any portion of a highway right-of-way in such manner as to constitute an obstruction to traffic, safety hazard or obstruction to highway maintenance, is authorized to cause the motor vehicle to be moved to eliminate any such obstruction or hazard, and neither the officer nor the City shall be liable for any damages to such motor vehicle occasioned by such removal. "(3) (a) Upon public tow of an abandoned motor vehicle, the chief of police or his designee shall ascertain, if possible, whether or not the motor vehicle has been reported stolen and, if so reported, shall recover and secure the motor vehicle and notify its rightful owner and terminate abandonment proceedings under this section. The City shall have the right to recover from the owner its reasonable costs to recover and secure the motor vehicle. []ten (10) "(b) As soon as possible, but in no event later than five working days after having an abandoned motor vehicle towed, the chief of police or his designee shall report the same to the Colorado department of revenue by first class mail, or by internet communication, which report shall be on a form prescribed and supplied by the Colorado department of revenue. "(c) The report shall contain the following information: "(I) The fact of possession, including the date possession was taken, the location of storage of the abandoned motor vehicle and the location from which it was towed, and the address, telephone number, name and signature of the chief of police or his designee. "(II) If applicable, the identity of the operator possessing the abandoned motor vehicle, together with his business address and telephone number and the carrier number assigned by the public utilities commission; and "(III) A description of the abandoned motor vehicle, including the make, model, color and year, the number, issuing state and expiration date of the license plate, and the vehicle identification number. "(4) Upon receipt of a return report from the Colorado department of revenue as provided by section 42-4-1804(2), C.R.S., the chief of police or his designee shall determine, from all available information and after reasonable inquiry, whether or not the abandoned motor vehicle has been reported stolen and, if so reported, the chief of police shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings. The City shall have the right to recover from the owner its costs to recover and secure the motor vehicle, and such costs shall constitute a lien upon the vehicle prior and superior to all other liens of any nature. []ten (10) "(5) Within five working days of receipt of the return report from the Colorado department of revenue as provided by section 42-4-1804(2), C.R.S., the chief of police or his designee shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and of any liens, claims or charges against the vehicle imposed pursuant to this section and section 42-4-1806, C.R.S., and shall send a copy of such notice to the operator. The notice shall state that the identified motor vehicle has been reported abandoned to the Colorado department of revenue, the present location of the vehicle and location from which it was towed, and that, unless claimed within thirty calendar days from the date the notice was mailed, the motor vehicle is subject to sale. Such notice shall also inform the owner and lienholders of record of their opportunity to request a hearing concerning the legality of the towing by making a request for such a hearing in writing filed with the municipal court and the chief of police within such thirty days. If a request for hearing has been timely made as provided herein, the municipal court shall conduct the hearing as provided for quasi- judicial hearings in Chapter 7 of Title I of the Pueblo Municipal Code. In the event the municipal court determines on the basis of the evidence that the motor vehicle was not legally towed, all towing charges and storage fees shall be forgiven. "(6) Public tow abandoned motor vehicles including motor vehicles abandoned in an impound lot subsequent to a public tow shall be appraised and sold by the City. The sale shall be held not less than thirty nor more than ninety days after the mailing of notice provided in paragraph (5) of this section, except that if such motor vehicle is a registered collector's item as defined in section 42-12-101(2), C.R.S., the sale shall not be held for at least ninety (90) days after the mailing of the notice. [ "(a) If the appraised value of the vehicle is two hundred dollars or ]three hundred fifty dollars ($350) or less less , the sale shall be made by private sale upon at least two sealed bids and only for the purpose of junking, scrapping or dismantling such vehicle, and the purchaser thereof shall not be entitled to a Colorado certificate of title. A bill of sale and report shall be provided to the purchaser in accordance with the requirements of section 42-4-1805(2), C.R.S. [ "(b) If the appraised value of the vehicle is more than two hundred ]three hundred fifty dollars ($350), dollars, the vehicle shall be sold by public sale or by private sale upon at least two sealed bids. For every public sale, a notice of the sale shall be published once in a newspaper of general circulation within the City and shall describe the vehicle to be sold and state where and when the sale will take place. A public sale shall be held not less than ten days from the date of publication of the notice. The sale may be made for any intended use by the purchaser thereof. A bill of sale, report and application for title shall be provided to the purchaser in accordance with the requirements of section 42-4-1805(2), C.R.S. "(c) If the sale of the motor vehicle is a private sale, the amount of the highest sealed bid must be greater than the amount of charges incurred by the operator as authorized in paragraph (7)(b)(I) of this section. If the amount of the highest sealed bid is less than the amount of such charges, the operator may retain the vehicle as the purchaser in full satisfaction of such charges. "(7) Proceeds of sale. "(a) If the sale of any motor vehicle and its attached accessories or equipment under the provisions of this section produces an amount less than or equal to the sum of all charges of any operator who has perfected a lien as provided by law, then the operator shall have a valid claim against the owner for the full amount of such charges, less the amount received upon the sale of such motor vehicle. Said charges shall be assessed in the manner and amount provided for in paragraph 7(b)(I) of this section. No such claim shall exist where the operator elects to retain the vehicle in satisfaction of such charges pursuant to paragraph 6(c) of this section. "(b) If the sale of any motor vehicle and its attached accessories or equipment under the provisions of this section produces an amount greater than the sum of all charges of any operator who has perfected his lien: "(I) The proceeds shall first satisfy the operator's commercially reasonable charges which shall not exceed the rates established by the Colorado Public Utilities Commission for public tow and storage of abandoned vehicles. "(II) Any balance then remaining shall be paid to the City to satisfy the cost of mailing notices, making an appraisal, advertising and selling the motor vehicle, and any other costs of the City, including administrative costs, taxes, fines and penalties due. "(III) Any balance then remaining shall be forwarded to the Colorado department of revenue for distribution pursuant to section 42-4- 1809(2), C.R.S. "(8) This section does not apply to private tows, and does not alter or amend an operator's obligations under sections 42-4-1801, et seq., and specifically section 42- 4-1804(6). "(9) There shall be no right of redemption from any sale made pursuant to the terms of this section, and after a vehicle has been sold pursuant to such terms, neither the City nor any officer, agent or employee thereof shall be liable for a failure to deliver such vehicle to anyone other than the purchaser or purchasers at such sale. "(10) The operator shall release the motor vehicle to the purchaser upon payment of the purchase price by the purchaser." . . . SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: June 14, 2010 BY: Judy Weaver /COUNCILPERSON PASSED AND APPROVED: June 28, 2010 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-7 June 14, 2010 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney Police Department James W. Billings, Police Chief TITLE AN ORDINANCE AMENDING SECTION 15-1-8(a)(25) OF CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE, RELATING TO ABANDONED AND IMPOUNDED VEHICLES ISSUE Should City Council pass an ordinance amending the City's traffic code which: (1) increases the time within which the Chief of Police must notify the Department of Revenue and the vehicle owner that a vehicle has been towed from five (5) days to ten (10) days; and (2) increases the dollar value at which a motor vehicle that has been abandoned and impounded must be sold by public, rather than private sale, from two hundred dollars ($200) to three hundred fifty dollars ($350)? RECOMMENDATION These Departments recommend approval to conform the City's traffic code with state law. BACKGROUND Under the Model Traffic Code, as adopted and modified by the City, the Chief of Police is required to notify the Department of Revenue and the vehicle owner within five days of the date that the vehicle is towed. This time limit is often too short to be practical. Under the Model Traffic Code, as adopted and modified by the City, the City is required to conduct a public sale of an abandoned vehicle that is worth as little as two hundred dollars ($200), rather than using the less rigorous procedure for private sales. The proposed ordinance would increase the reporting requirement to ten (10) days, increase the value at which public sale of a motor vehicle is required to three hundred and fifty dollars ($350), and conform the ordinance with the state statute which has already been modified in this manner. FINANCIAL IMPACT Unknown.