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Home My WebLink AboutAmending Chapter 20, Article 3, Section 20-29 - to establish fees for towing and storage of abandoned vehicles. t ORDINANCE No. a„~s, Passed by the Common Council of the Ciry of South Bend, Indiana, April 14, Attest: Attest: ~d'~~"`-U' 97 19 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana April 15, Ciry Clerk Approved and signed by me April 16, President of Common Council 19 97 l9 97 Mayor 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. (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 officer shall: (1) Prepare a written abandoned vehicle report of the vehicle including information on the condition, missing parts, and other facts that substantiate 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 photograph 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 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. (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-hour period, the officer shall: (1) Take photographs to illustrate the condition 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 an abandoned vehicle to a storage area, the Neighborhood Code Enforcement Office shall prepare and forward to the Bureau an abandoned vehicle 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 Enforcement Office of the name and most recent mailing address of the owner and of any lien holder. (3) Upon receipt of the requested information 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 moved within fifteen (15) days of the date of the mailing of the notice, and advising that the vehicle will be disposed of after that time. The notice shall also advise that all costs incurred in removing and storing the vehicle are the owner's legal responsibility, and a detailed list of costs incurred to date and anticipated 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 (1) newspaper insertion one (1) 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 vehicle may be disposed of without notice. (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 vehicle. T?~~? The fee for towing vehicles pursuant to this section shall be Seventy Dollars ($70.00). The fee for storacre of vehicles pursuant to this section shall be ten dollars ($10.00) per day. 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 disposal of the vehicle. 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 article 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 procedure set forth in this article for removal of said vehicle. (8) 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 removal, storage or disposition. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. -~ Member of the Common ouncil Sf ~EADI~!G ~-- t~~. ~~ ~ stied in Clerk's OfftCe FLlSLIC hiEARWG L~r ~,(~_,. `~ ,~~,1~ qq AA ±~ 3 rd READING ~,P<,,. ~® t"' ~i3...-. 1 J 5~~7 NOT APPROVED° ~ !°. ~~ REFERRED LOTt~"'R'~J. CSUDA PASSED /~. ~~/~ ~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 24-97 A BILL 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being sent to the Council with a favorable recommendation. Sean Coleman Chairman 1300 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9486 Fnx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF CODE ENFORCEMENT KATHLEEN ,J. DEMPSEY DIRECTOR March 10, 1997 Mr. Roland Kelly, President South Bend Common Council 41h Floor, County-City Bldg. South Bend, In 46601 RE: An ordinance of the Common Council of the City of South Bend, IN, amending Chapter 20, Article 3, Section 20-29 of the South Bend Municipal Code, to Establish Fees for Towing and Storage of Abandoned Vehicles Dear Mr. Kelly: I am attaching for filing one Ordinance providing for the establishment of fees for towing and storage of abandoned vehicles. Your favorable consideration is respectfully requested. Sincerely, a hleen J. De I sey Director Attachment Filed in Cieck's Office t ~.'~F~ ~ ~ 1~9? LORE7TAJ. ~34tL7~': CITYCLF.nK,84s. KtZ;td~.I~L