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SALE AND DISPOSAL OF UNCLAIMED VEHICLES
Sections:
3.11.010 Notice of impoundment.
3.11.020 Sale of unclaimed vehicles-Proceeds.
3.11.010 Notice of impoundment.
Whenever a police agent or employee of the city removes a vehicle from a public
right-of-way or private property to the official police garage, the Police Department
shall report the impoundment to the Colorado Department of Revenue, Motor Vehicle
Division within three working days of the date the vehicle was impounded. Within
five working days after the Colorado Department of Revenue notifies the Police
Department of the last known owner of the vehicle and any lien holder shown
in its records, the Police Department shall send a written notice, by certified
mail, to the owner of record and any lien holder. If a vehicle has no license
plates affixed thereto, or has out-of-state license plates affixed thereto,
and Colorado Department of Revenue has no record of the last known owner of
such vehicle, the Police Department shall contact the state that issued the
license plates to determine the last known owner, if any, or shall use the computer
resources available to the Police Department to determine the last known owner,
if any, and such person shall be sent a written notice, by certified mail. The
notice shall contain the following:
A. The location from which the vehicle was towed and the date of impoundment;
B. The reason for towing and impoundment;
C. The storage location of the impounded vehicle;
D. That failure to claim the vehicle and pay the costs of recovery, towing,
and/or storage within thirty days from the date the notice was sent to the owner
and any lien holder may result in sale or disposal of the vehicle by the city.
(Ord. O-90-41 § 1 (part), 1990).
3.11.020 Sale of unclaimed vehicles-Proceeds.
A. When a vehicle has been stored at the official police garage for a period
of thirty days after notice to the owner and any lien holder and no claim of
ownership has been made, no right to possession thereof has been established,
and no suit or action to determine possession is pending, the City Manager or
his designee may dispose of such vehicle as set forth herein.
B. Any vehicle appraised by the city at a value of less than two thousand dollars
shall become the property of the official police garage in full satisfaction
of the costs of recovery, towing, and/or storage for that vehicle and shall
discharge the city from further responsibility in connection with the vehicle.
Any vehicle valued at two hundred dollars or less that becomes the property
of the official police garage shall be used only for parts or scrap, and the
official police garage shall not be entitled to apply for a title to the State
of Colorado for any such vehicle. Any vehicle which becomes the property of
the official police garage shall be sold or otherwise disposed of within thirty
days after receipt from the City Manager or his designee of a bill of sale of
abandoned or towed vehicles.
C. Any vehicle appraised by the city at a value of two thousand dollars or more
shall be sold by the City Manager or his designee at a public auction. The City
Manager or his designee may contract with a private firm to conduct such public
auction.
D. After thirty days from the date of the notice mailed to the owner and any
lien holder, the City Manager or his designee shall cause a notice of sale to
be published describing the vehicle to be sold, the names of all persons, if
any, known to claim an interest in the vehicle, and the time and place of the
sale. The notice of sale shall be published at least once in a newspaper of
general circulation within the city. The sale shall be held not less than ten
days from the date of the first publication.
E. All reasonable costs of recovery, towing, and/or storage, and expenses of
notice and sale incurred by the city shall be recovered from the proceeds of
the sale. The balance of the proceeds, if any, shall be paid into the general
fund of the city.
F. The City Manager or his designee shall issue a written bill of sale without
warranty to the purchaser of the vehicle.
G. When any vehicle is offered for sale at public auction and no bid is offered
for the vehicle, the City Manager or his designee shall declare the vehicle
to be sold to the city for the amount of the costs to the city for recovery,
towing, storage, notice and sale of such vehicle. The vehicle shall then become
the property of the city for the sole benefit and use of the city.
H. There shall be no right to redemption from any sale made pursuant to the
terms of this section, nor shall the city or any officer, agent or employee
thereof be liable for failure to deliver such vehicle to any person other than
the purchaser at such sale. (Ord. O-2004-37 § 1, 2004; Ord. O-90-41 §
1 (part), 1990).
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