Amending Chapter 20, Article 3, Section 20-29 - to establish fees for towing and storage of abandoned vehicles

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ORDINANCE NO . ~ ~~~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 3, SECTION 20-29 OF THE SOUTH BEND MUNICIPAL CODE, TO ESTABLISH FEES FOR TOWING AND STORAGE OF ABANDONED VEHICLES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEMENT OF PURPOSE AND INTENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The purpose of this ordinance is to amend Section 20-29 of the South Bend Municipal Code, to establish fees for towing and storage of abandoned vehicles. The Common Council recognizes that Indiana Code ~ 9-22-1-30 provides that the fiscal body of a municipality shall establish abandoned vehicle towing and storage charges. Therefore, it is necessary to amend the South Bend Municipal Code to establish these charges by ordinance. SECTION I. Chapter 20, Article 3, Section 20-29, Sub- section (g), of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 20-29. Procedure for notice, removal and disposal of abandoned vehicles; fees. (a) No person shall abandon a vehicle on any public or private property without the permission of the person having the right to possession or control of the property upon which the vehicle is left . (b) The owner of an abandoned vehicle 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 same. (c) If, in the opinion of the officer, the market value of an abandoned vehicle is one hundred dollars ($100.00) or less, the officer shall attach thereto 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) The vehicle is considered abandoned. (3) The vehicle will be removed after seventy-two (72) hours.