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HomeMy WebLinkAboutAmending Chapter 20 Entitled Abandoned VehiclesORDINANCE No.-.6971-81 Passed by the Common Council of the City of South Bend, Indiana October 12, 19 81 Attest: � . City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 14, �9 81 Approved and signed by /* /4 City Clerk IRENE K. GAMMON Tn &P 0 Mayor ORDINANCE N0. (o I I L- R 1 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ENTITLED ABANDONED VEHICLES STATEMENT OF PURPOSE AND INTENT: This ordinance amends the South Bend Municipal Code by incorporating the provision of I.C. 9 -9 -1.1 allowing local governments maximum flexibility in dealing with abandoned ve- hicles while also preserving the role of the Bureau of Motor Vehicles in that area. SECTION I: Chapter 20, Article 3 of the Municipal Code of the City of South Bend, Indiana, is hereby deleted in its en- tirety and amended to read as follows: ARTICLE 3 ABANDONED VEHICLES Section 20 -27 Nuisance Declared; Public Agency Designated; Revolving Fund Established. (a) Abandoned vehicles are detrimental to the health and safety of the general public and are declared to be a public nuisance and a health and safety hazard. (b) The Board of Public Works shall be the public agency responsible for the removal, storage, and disposal of abandoned vehicles. The Board shall act through the Neighborhood Code Enforcement Office and may employ personnel and acquire equipment, property, and facilities and enter into contracts as necessary for the purpose of removal, storage and disposition of abandoned vehicles. (c) An "Abandoned Vehicle Fund" is created into which all proceeds from the sale of abandoned vehicles, and all hand- ling expenses recovered shall be placed. The Common Council shall annually appropriate sufficient tax monies to said fund and any monies remaining in the fund at the end of the year shall not revert to the general fund. (d) I.C. 9- 9 -1.1, the "Removal and Disposal of Abandoned Vehicles Chapter as promulgated by the Indiana State Legisla- ture is made a part of this Article and shall govern all areas not specifically addressed herein. Section 20 -28 Definitions. For the purpose of this Article the following terms shall have the following meanings: (a) "Abandoned Vehicle" means: 1. A vehicle located on public property illegally. 2. A vehicle left on public property continuously without being moved for seven (7) days. 3. A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the move- ment of pedestrian or vehicle traf- fic on a public right -of -way. 4. A vehicle that has remained on pri- vate 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 there has been removed the engine, transmission, or differential 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 a public agency upon request of an officer enforcing a statute or ordinance other than this Article, if the vehicle once impounded is not claimed or redeem- ed by the owner or his agent within fifteen (15) days of its removal; or 7. A vehicle which is six (6) or more model years old and mechanically inoperable and is left on private property continuously in a location visible from public property for more than thirty (30) days. (b) "Automobile Scrapyard" means a business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junk yard. (c) "Bureau" refers to Bureau of Motor Vehicles. (d) "Fiscal Body" means the Common Council of the City of South Bend, Indiana. (e) "Officer" means a regular member of the South Bend Police Department and any Neighborhood Code Enforcement Officer. (f) "Owner" means the last known record title holder of a vehicle according to the records of the Bureau under I.C. 9 -1 -2. (g) "Person" means an individual, firm, corporation, association, fiduciary, or government entity. -2- (h) "Private Property" means all property other than public property. (i) "Public Agency" means the Board of Public Works. (j) "Public Property" means a public right -of -way, street, highway, alley, sidewalk, park or other municipal property. (k) "Towing Service" means a business that engages in moving, removing, storing and impounding disabled vehicles. (1) "Vehicle" refers to an automobile, motorcycle, truck, trailer, semi - trailer, tractor, bus, school bus, recrea- tional vehicle, or motorized bicycle. (m) "Visible from Public Property" means that a vehicle can be seen from public property and includes vehicles which have been covered by a temporary covering that allows the form and outline of the vehicle to remain visible from public pro- perty. Section 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 tele- phone number to contact for informa- tion. 2. The vehicle is considered abandoned. 3. The vehicle will be removed after seventy -two (72) hours. 4. The owner will be held responsible for all costs incidental to the removal, storage and disposal. 5. The owner may avoid costs by removal of the vehicle within seventy -two (72) hours. (d) If the tagged vehicle which in the opinion of the officer has a market value of less than one hundred dollars ($100.00), is not removed within seventy -two (72) hours the of- ficer shall: ME 1. Prepare a written abandoned vehicle report of the vehicle including in- formation on the condition, missing parts, and other facts that substan- tiate that the market value is less than one hundred dollars ($100.00). 2. Take photographs to illustrate the condition of the vehicle. 3. Immediately remove the vehicle to an automobile storage area or scrapyard. 4. Within seventy -two (72) hours after removal or disposal of the vehicle, the Neighborhood Code Enforcement Office shall forward a copy of the abandoned vehicle report and photo- graph relating to same to the Bureau of Motor Vehicles and shall retain the original records and photographs for at least two (2) years. (e) If in the opinion of the officer the market value of an abandoned vehicle is one hundred dollars ($100.00) or more the officer shall make reasonable effort to ascertain the owner or person who may be in control of the vehicle by inquiry of other persons in the neighborhood. Thereafter, the officer shall attach to the vehicle in a prominant place a notice tag containing the following information: 1. The date, time, officer's name, public agency and address and telephone num- ber to contact for information. 2. The vehicle is considered abandoned. 3. The vehicle will be removed after seventy - two (72) hours. 4. The owner will be held responsible for all costs incidental to the removal, storage and disposal. 5. The owner may avoid costs by removal of the vehicle within seventy -two (72 ) hours. (f) If the tagged vehicle which in the opinion of the officer has a market value of one hundred dollars ($100.00) or more is not removed within the seventy -two (72) hour period, the officer shall: 1. Take photographs to illustrate the con- dition of the vehicle and shall require the vehicle to be towed to a storage area. 2. Within seventy -two (72) hours after the removal of a abandoned vehicle to a storage area, the Neighborhood Code En- forcement Office shall prepare and for- ward to the Bureau an abandoned vehicle -4- report including the make, model, engine number if any, identification number, and number of the license plate, and request that the Bureau advise the Neighborhood Code Enforce- ment Office of the name and most recent mailing address of the owner and of any lien holder. 3. Upon receipt of the request informa- tion from the Bureau, the Neighborhood Code Enforcement Office shall advise the owner or any lien holder that the vehicle has been impounded at a certain location and must be removed within fifteen (15) days of the date of the mailing of the notice, and ad- vising that the vehicle will be dis- posed of after that time. The no- tice should also advise that all costs incurred in removing and storing the vehicle are the owners legal re- sponsibility and a detailed list of costs incurred to date and antici- pated costs shall be included. 4. If the owner or lien holder appears prior to the disposal of the vehicle and pays all cost incurred, he shall then be entitled to the return of the vehicle. If the owner or lien holder does not appear in fifteen (15) days after the mailing of notice, the Board of Public Works shall sell the vehicle to the highest bidder at a public sale conducted after notice under I.C. 5- 3-1, except only one newspaper inser- tion one week before the public sale is required. 5. If the vehicle is in such condition that the vehicle identification numbers or other means of identification are not available to determine the owner of record with the Bureau, the ve- hicle may be disposed of without no- tice. 6. The purchaser shall be furnished a bill of sale for each abandoned vehicle sold by the Board of Public Works. (g) Fees. In accordance with this Article the owner shall be charged a fee for the towing and storage of his ve- hicle. The fee shall be determined and fixed by the Board of Public Works. The Board shall have the authority to periodi- cally review said fees and establish fees which are reasonably necessary for towing and storage service within the City. The cost for removal and storage of an abandoned vehicle not claimed by the owner or lien holder shall be paid from the Abandoned Vehicle Fund. The charges fixed by the City for towing and storage of abandoned vehicles shall be filed with the Bureau. Proceeds of sale of an abandoned vehicle shall be credited against the cost incidental to the removal, storage, and dis- posal of the vehicle. -5- All proceeds from the sale of an abandoned vehicle, including charges for bill of sale, and all monies received from owners or lien holders for the cost of removal or storage of vehicles, shall be deposited with the City Controller and placed by him in the Abandoned Vehicle Fund. All costs incurred in the administering of this ordinance shall be paid from the Abandoned Vehicle Fund. (h) Upon complaint of a private property owner or person in control of the property upon which a vehicle has been left for more than forty -eight (48) hours without the consent of the owner or person in control, an officer shall follow the proce- dure set forth in this Article for removal of said vehicle. (i) 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 re- moval, storage, or disposition. Section 20 -30 Exceptions. This Article does not apply to the following vehicles: 1. A vehicle in operable condition specifically a- dapted or constructed for operation on privately owned race- ways; 2. A vehicle stored as the property of a member of the armed forces of the United States who is on active duty as- signment; 3. A vehicle located on a vehicle sales lot or at a commercial vehicle servicing facility; 4. A vehicle located upon property licensed or zon- ed as an automobile scrapyard; or 5. A vehicle registered and licensed under I.C. 9- 7-6 as an antique motor vehicle. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, ap- proved by the Mayor, and legal publication. 1st READING e / PUBLIC HEARING 2nd READING 40 NOT APPROVED REFERRED PASSED I. Member of he Common Council Cr C Irene Gammon CITY CLERK, SOUTH BLEND, IN[). CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Neighborhood Code Enforcement 219/284 -9486 Katherine G. Barnard 219/284 -9498 Director 219/284 -9303 September 22, 1981 South Bend Common Council Cou.uty City Building 4th Floor South Bend, Indiana 46601 Dear Council Members: Attached please find a copy of the proposed new abandoned vehicle ordinance. This ordinance has incorporated into the Municipal Code provisions of the newly enacted .state legislation. The most significant changes in the proposed new ordinance are as follows: 1. The Board of Public Works of abandoned vehiclescratherothan l o the Board o Public storage and disposal Safety. 2. On private property only vehicles that are 6 years or more model years old and mechanically inoperable and left on private property visible from public property for more than 30 days can be towed. Presently the Neighborhood Code Enforcement office can tow vehicles from private property that are partially dismantled or inoperable on private property or vehicles over 5 years old and mechanically inoperable. 3. The abandoned vehicles may be disposed of within 15 days from the date of the mailing of a notice to the vehicle owner concerning the impounded vehicle. The City now has to store vehicles for 30 days before disposing of the vehicles. This proposed ordinance is necessary in order to bring our local ordinance in con- formance with the new state law. I will be available to discuss this ordinance with you at your convenience. Sincerely, 04.-4� kaov� Katherine G. Barnard Director (gamnatur Report on t4e (gammon fg0unctl of #ter (littg of *otd4 119nb: Your Committee OF THE WHOLE to whom was referred BILL NO. 95 -81 A BILL AMENDING CHAPTER 20, ARTICLE 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ENTITLED ABANDONED VEHICLES. Respectfully report that they have examined the matter and that in their opinion to the Council favorable. FREE PRESS kjeW PUBLISHING CO. This bill should be recommended John voorde Chairman