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HomeMy WebLinkAboutAmending Chapter 20 Abandoned VehiclesRDINANCE N06333-78 Passed by the Common Council of the City of South Bend, Indiana X Attest: ptf 1,4 e April 24 1978 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana A--41 25 1g 78 Clerk of Common Council IRENE K. GAMMON Approved and signed by me &agw d.Q a S; 1 9 % 7 Clerk G ORDINANCE NO. (0$33 -?9 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, ABANDONED VEHICLES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that several problems have arisen regarding the interpretation of our present abandoned vehicle ordinance. The Council believes that these problems can only be eliminated by enacting a strong and enforceable law which specifies the entire procedure relating to abandoned vehicles. The Council believes that the procedure outlined by the State Legislature which authorizes removal after a seventy -two (72) hour notice procedure would be much more effective than the seven (7) day notice period, presently in effect. Therefore, in the interest of eliminating the scenic blight which results from abandoned vehicles, and in the interest of furthering the public safety and welfare, the following bill is introduced: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 20, Article 3 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in its entirety to read as follows: ARTICLE 3. ABANDONED VEHICLES. SEC. 20 -27 Legislative Findings; Nuisance Declared; Public Agency Designated; Revolving Fund Established. (a) The South Bend Common Council hereby finds that a quick and efficient method of disposing of abandoned or junk vehicles which remain on public or private property without permission is necessary. (b) Such abandoned or junk vehicles are detrimental to the health and safety of the general public and are hereby declared to be a public nuisance and a health and safety hazard. (c) The Board of Public Works is hereby designated the pub - lic agency responsible for the removal, storage, and disposal of abandoned and junk vehicles. Said Board may enter into contracts with private towing firms, scrap processors, or auto wreckers to provide the equipment and facilities for removal and disposal. (d) There is hereby created a "Junk Vehicle Fund" into which all proceeds from the sale of abandoned vehicles or parts and all handling expenses recovered shall be placed. The Common Council shall annually appropriate sufficient tax moneys to said fund, and any monies remaining in the fund at the end of the year shall not revert to the general fund. (e) The "Removal and Disposal of Abandoned Vehicles by Local Governments" Chapter as promulgated by the Indiana State Legislature is hereby made a part of this Article and shall govern in all areas not specifically addressed herein. SEC. 20 -28 Definitions. For purposes of this Article the following terms shall have the following meanings: (a) "Vehicle" means any motor vehicle, automobile, motor- cycle, truck, trailer, semitrailer, truck tractor, bus, school bus, recreational vehicle, or motor bicycle. (b) "Abandoned" or "abandon" when used in conjunction with the term vehicle means: (1) Any vehicle located on public property which does not have lawfully affixed thereto or displayed thereon a valid unex- pired license plate and inspection sticker, if required, permitting its operation upon the highways of the State of Indiana; (2) Any vehicle which is left on public property continu- ously without being moved for a period of seven (7) days; (3) Any vehicle located on public property illegally or in such a manner as to constitute a hazard or obstruction to the move - ment of pedestrian or vehicle traffic on a public right -of -way, street or highway; (4) Any vehicle that has remained on private property with- out the consent of the owner or person in control of such property, for more than forty -eight (48) hours; (5)' Any vehicle from which there has been removed the engine or transmission or differential or which is otherwise partially dismantled or inoperable and left on public property;.or (6) Any vehicle which has been removed by a towing service upon request of an officer enforcing a statute or ordinance other than this Article, the violation of which may require the removal and impoundment of said vehicle, and which vehicle once impounded is not claimed or redeemed by the owner or his agent within thirty (30) days of its removal. (c) "Public property" means any public right -of -way, street, highway, alley, park, or other state, county, or property owned by a governmental agency. (d) "Private property" means all property which is not clas- sified within the definition of public property. (e) "Officer" means any regular member of the South Bend Po- lice Department and any Environmental Protection Officer specifically delegated responsibility under this Article or by the City. (f) "Public Agency" means the Board of Public Works. SEC. 20 -29 Procedure for Notice, Removal and Disposition of Abandoned Vehicles, Fees. (a) No person shall abandon a vehicle on any public or pri- vate property without the permission of the person having the right to possession of the property upon which the motor vehicle was left. IPM (b) There is hereby created a prima facie presumption that the owner of an abandoned or junk vehicle is responsible for the abandonment and liable for all costs incidental to the removal, storage, and disposal of such vehicle. (c) Any officer who finds a vehicle or parts abandoned in violation of this Article and which are, in the opinion of said officer, valued at a current market value of less than one hundred dollars ($100.00) shall attach thereto in a prominant place, a no- tice tag which shall contain the following information: (1) That the vehicle or parts are considered abandoned; (2) That the vehicle or parts will be removed seventy - two (72) hours thereafter, and immediately disposed of to a scrap processor or auto wrecker; or held at a city -owned lot. (3) That the owner will be held responsible for all costs incidental to the removal and disposal, and if not paid, the owner's registration privileges will be suspended; (4) That the owner may avoid costs, or suspension of regis- tration privileges by removal of the vehicle or parts within seventy - two (72) hours; and (5) The date, time, officer's name and address and telephone number of the public agency to contact for information. After the seventy -two (72) hour notice period has expired, but be- fore removal, a photo shall be taken by the officer of the vehicle or parts at the location of abandonment and complete a written re- port detailing the damage, missing equipment, or condition of the vehicle to substantiate the value of less than one hundred dollars ($100.00). The officer shall then arrange for the vehicle or parts to be immediately towed to a scrap processor or auto wrecker; and a copy of the written report and photograph shall be sent to the Bureau of Motor Vehicles. The original written report and photo- graph shall be retained by Environmental Protection Office for a period of at least two (2) years. (d) Any officer who finds a vehicle or parts abandoned in violation of this Article and which are, in the opinion of said officer, valued at a current market value of more than one hundred dollars ($100.00) shall attach thereto in a prominant place, a notice tag which shall contain the following information: (1) That the vehicle or parts are considered abandoned; (2) That the vehicle or parts will be removed seventy -two (72) hours thereafter, impounded and subsequently disposed of; (3) That the owner will be held responsible for all costs incidental to the removal and storage; (4) That the owner may avoid such costs by removal of the vehicle or parts within seventy -two (72) hours; (5) The date, time, officer's name and the address and tele- phone number of the public agency to contact for information. However, prior to placing such notice tag on a vehicle or parts, the officer shall make a reasonable effort to ascertain the owner of the vehicle or parts by inquiring of other persons in the neigh- borhood. After the seventy -two (72) hour notice period has expired, the officer shall complete a written report detailing a description of said vehicle or parts to substantiate that the value is one hundred dollars ($100.00) or greater, and photograph the vehicle or parts in the place where abandoned. The officer shall then have said vehicle or parts towed to a secured impoundment area for storage. -3- (e) Within forty -eight (48) hours after removal of an abandoned vehicle or parts to a storage area, pursuant to sub- section (d) of this section, the Environmental Protection Office shall: (1) Prepare and send to the Bureau of Motor Vehicles a notice containing: a description of the vehicle including the make, model, engine number, identification number, and license plate number affixed thereto. A request shall be made of the Bureau as to the name and most recent mailing address of the owner and any lienholder, or furnish an abstract of title to such vehicle. (2) Upon receipt of the information required of the Bureau, written notice shall be sent by certified mail to the owner with a copy to any lienholder that the vehicle has been impounded and must be removed within thirty (30) days of the date of mailing said notice. The notice shall also advise that said vehicle shall be disposed of after that date, and that all costs incurred in re- moving and storing said vehicle are the owner's responsibility and a detailed list of all costs incurred and anticipated shall be given. (3) If the owner or lienholder appears prior to disposal of said vehicle and pays all costs incurred, he shall then be en- titled to the return of said vehicle. If the owner cannot be lo- cated and if he and the lienholder do not appear, the Board of Public Works shall authorize a public sale pursuant to Indiana Code Section 5 -3 -1 -1 through 5- 3 -1 -8, except that only one (1) newspaper insertion shall be required. (4) If the vehicle or parts are in such condition that ve- hicle identification numbers 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. (f) Fees. In accordance with this Article, the owner shall under no circumstances be charged more than fifteen dollars ($15.00) towing expense and two dollars ($2.00) per day of actual storage. (g) The City and its subdivisions, auto wrecking, scrap processor, owner, lessee, or occupant of the premises from which any abandoned vehicle shall be removed shall not be liable for any loss or damage to said vehicle which occurs during its removal or while in the possession of the City or its contractual agent. SEC. 20 -30 Exceptions. This article shall not apply to the following vehicles: (1) any vehicle in operable condition specifically adopted or constructed for operation or privately - owned raceways; (2) any property stored as the property of a member of the armed forces of the United States who is on active duty assignment; (3) any vehicle located on a vehicle sale lot, at a com- mercial vehicle servicing facility or a vehicle located upon premises duly licensed or zoned as a junkyard, auto graveyard or scrap processing facility; and (4) any vehicle eligible for registration and licensing as an antique motor vehicle. -4- SECTION II. Severability. If any provision of this ordi- nance are held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application and to that end, the provisions of this ordinance are declared to be severable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the V,6rfimon Council FILED IN CLERK'S OFFICE :.;:;,SING � io - APR 5197$ . -AiC NEARING yr -; �� 8 end READING V- ay NOT APPROVED Irene Gammon REFERRED..-, r-M CLERK, SOUTH BEND. IND. PASSED " -5- CITY OF SOUTH BEND CITY OF SOUTH BEND South Bend, Indiana 46601 April 3; 1978 COMMON AREA 219 284 -9321 COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER The South Bend Common Council Third District Council Chambers, 4th Floor ROGER O. PARENT Fourth District South Bend, Indiana 46601 ROBERT G. TAYLOR Fifth District Dear Council Members: WALTER T. KOPCZYNSKI Sixth District MARY CHRISTINE ADAMS I am introducing the attached bill in the At Large hope of enacting a reasonable yet strong abandoned RICHARD C. DOMBROWSKI vehicle law for our city. At Large FRANK HORVATH At Large All of us are aware of the traffic and safety problems which result from abandoned ve- hicles. They clog our streets and impede our street sweeping, paving and snow removal operations. This bill very specifically defines what are an abandoned vehicles and sets up the proce- dure for their legal removal. I believe their is a need for this law and I would appreciate your favorable approval. Sincerely, Richard C. Dombrowski Councilman at Large Attachment TarAndUrr Irport 130 14e (gamma (luuurd of Or 04tij of oou#4 Seal: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 20, ARTICLE 3, ABANDONED VEHCILES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman FRS[ PRESS PUBLISHING CO.