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HomeMy WebLinkAbout05954SUBSTITUTED COPY 4/10/95 ORDINANCE NO. 5954 AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 1 OF TITLE XV OF THE 1971 CODE OF ORDINANCES RELATING TO MODEL TRAFFIC CODE, ABANDONED AND IMPOUNDED VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate material being deleted, underscoring indicates material being added) SECTION 1. Subsection (22) and (23) of Section 8 of Chapter 1 of Title XV, Model Traffic Code, of the 1971 Code of Ordinances is hereby amended to read as follows: 15- 1- 8(22): Section 22 -20 Abandoned and Impounded Vehicles (a) Whenever any Police Officer finds a vehicle, attended or unattended, standing upon any portion of a street or highway right -of -way within [this municipality] the Cjjy in such a manner as to constitute a violation of Section 10 -5 of [this ordinance] the Model Traffic Code or [left unattended for a period of 24 hours or more and presumed to be abandoned under the conditions prescribed by C.R.S. 42 -4- 1102(2) and 42 -4- 1103(2) or under C.R.S. 42 -4 -16021 the vehicle is an abandoned vehicle as defined within Section 15 -1 -8(23) of the Ordinances of the City of Pueblo . such officer shall require such vehicle to be removed or cause the same to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this municipality. (b) In the event of abandonment of a vehicle on the property within the [municipality] City other than -4 public right[s] -of -way the owner of such property shall notify the Police Department, and [said police] the Police Department shall after a period of 72 hours cause the abandoned vehicle to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by the municipality. (c) Immobilization. When a driver, owner or person in charge of a motor vehicle has received a notice or citation to answer to a charge against him for violation of this Model Traffic Code, and such driver, owner or person in charge of such vehicle has failed to appear and answer such charge, members of the Police Department or employees of the City acting in their official capacity, may and they are hereby authorized to, temporarily immobilize such vehicle by installing on or attaching to such vehicle a device designed to restrict the normal movement of such vehicle, and if such vehicle is so immobilized the member of the Police Department or employee of the city so installing or attaching such device shall conspicuously affix to such vehicle a notice in writing, on a form to be provided by the Chief of Police, advising the driver, owner, or other person in charge of such vehicle that said vehicle has been immobilized by the City for violation of the Model Traffic Code, that release of such immobilization may be obtained at a designated office of the Police Department which shall be open 24 hours every day or from the Clerk of the Municipal Court, that unless arrangements are made for the release of the vehicle within seventy -two (72) hours the vehicle will be removed by the Police Department, and that removing the device before a release is obtained is unlawful, and containing such other information as the Chief of Police shall deem proper. It shall be unlawful for any person to remove such device or to move such vehicle before the same is released by the Police Department or the Clerk of the Municipal Court, and where such vehicle has been properly immobilized in said manner, a fee of ten dollars ($10.00) shall be charged by the Police Department or Clerk of the Municipal Court before releasing such vehicle and the parking restriction, if any, otherwise applicable shall not apply while such vehicle is so immobilized. Any person may secure the release of an immobilized vehicle by either: (I) paying the amount of unpaid fines and court costs owing for which the vehicle was immobilized together with the immobilization fee above indicated or (II) posting a bond in the amount of $25.00 and agreeing in writing to appear in court on a date certain to answer or respond to all pending notices, citations and traffic charges against such person or involving the vehicle. 15 -1 -8(23) Section 22 -21. Sale of Abandoned and Impounded Vehicles. (a) Definitions. As used in this section: (i) "Abandoned motor vehicle" [has the meaning provided in this traffic code and in C.R.S. 42- 4- 1602.1 mean (A) Any motor vehicle left unattended on private fro eeLly for a period of seven -two 72) hours or longer without the consent of the owner or lessee of such property or the owner's or lessee's legally authorized agent: (B) 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 (72) hours or longer: (C) AU motor vehicle stored in an impound lot at the request of the Police Department and not removed from the impound lot within seventy -two (72) 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. (ii) "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 executive director of the Colorado Department of Revenue. (iii) "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. (iv) "Operator" means a person licensed by the Colorado Public Utilities Commission as a towing carrier. (v) "Private property" means any real property which is not public property. (vi) "Public tow" means any tow of an abandoned motor vehicle requested by a [peace] op lice 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 [peace] op lice officer. Private tows arranged with the assistance of a City police officer includes but is not limited to tows requested by an owner or driver of a motor vehicle which has been involved in an automobile accident. (vii) "Private tow" means any tow of an abandoned motor vehicle other than a public tow. (b) Any [peace] 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 [peace] DDlict 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 or City shall be liable for any damages to such motor vehicle occasioned by such removal. (c) (i) Upon having an abandoned motor vehicle towed, 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. (ii) As soon as possible, but in no event later than [three] five working days after having an abandoned motor vehicle towed, the Chief of Police or his designee shall report the same to the Colorado [Dept.] DWartm ent of Revenue by first -class mail, which report shall be on a form prescribed and supplied by the Colorado [Dept.] Department of Revenue. (iii) The report shall contain the following information: (A) 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, and name and signature of the Chief of Police or his designee. (B) If applicable, the identity of the operator possessing the abandoned motor vehicle, together with this business address and telephone number and the carrier number assigned by the public utilities commission; and (C) 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 and a list of the names and addresses of any known drivers. (d) Upon receipt of a return report from the Colorado Department of Revenue as provided by C.R.S. [42 -4- 1604(2)] 42- 4- 1804(21 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. (e) Within 5 working days of receipt of the return report from the Colorado Department of Revenue as provided by C.R.S. [42 -4- 1604(2)] 42- 4- 1804(21 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 C.R.S. [42 -4 -1607] 42 -4 -1807, 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 30 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 30 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 1971 Code of Ordinances, as amended. 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. (f) Public tow abandoned motor vehicles or motor vehicles abandoned in an impound lot subsequent to a public tow shall be appraised and sold by the City_ [at public sale] The sale shall be held not less than thirty nor more than [sixty] ninm days after the mailing of notice provided in subsection (e) of this section. (i) If the appraised value of the vehicle is two hundred dollars or less, the sale shall be made by private sale upon at least two (2) 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 C.R.S. Section [42 -4- 1606(3)] 42- 4- 1806(31 (ii) If the appraised value of the vehicle is more than two hundred dollars, the vehicle shall be sold by public sale or by private sale ul2on at least two (2) sealed bids. For every un blic sale a notice of the sale shall be published once in a newspaper of general circulation within the Ci y 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 (10) days from the date of publication of the notice [the] 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 C. R. S. [42- 4- 1606(4)] 42- 4- 1806(4) (iii) 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 Section 15- 1- 8(23)(g)(ii)(A) and C.R.S. 42- 4- 1810(2). If the amount of the highest sealed bid is less than the a mount of such charges_ the operator may reta .he vehicle as the purchaser in satisfaction of such chimes. (g) Proceeds of sale. (i) 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 of record for the full amount of such charges, less the amount received upon the sale of such motor vehicle. (ii) 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: (A) The proceeds shall first satisfy the operator's charges as follows: The cost of towing the abandoned motor vehicle with a maximum charge of fifty dollars; the mileage for tows of greater than twenty -five miles one way, to be computed at the rate of one dollar per mile for each mile in excess of twenty -five miles one way; and the storage of the abandoned motor vehicle to be charged at the rate of four dollars per day for a maximum of [sixty] ninm days. In the case of an abandoned motor vehicle weighing in excess of ten thousand pounds, the provisions of this subparagraph (A) shall not apply and the operator's charges shall be those charges which are commercially reasonable. (B) 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. (C) Any balance then remaining [shall be forwarded to the Colorado Department of Revenue to be disbursed as provided by law] shall braid by the Police Department: first, to any lienholder of record as the lienholder's interest may appear upon the records of the Colorado Department of Revenue; second to any owner of record as the owner's interest may so appear_ and then to my person submitting_ proof of such person's interest in such motor vehicle upon application of such li.enholder, owner. or person. If such payments are not requested within one hundred twentv days of the sale of the abandoned vehicle. the balance shall be transferred to the eneral fund of the City (h) This section does not apply to private tows. (i) 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. (j) 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 upon final passage. INTRODUCED MARCH 27 1995 By CHARLES JONES Councilperson ATTEST: APP O D: Ci y Clerk resident of the City Council