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0-2004-37
AN ORDINANCE
AMENDING SECTION 3.11.020 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO REVENUE AND FINANCE
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 3.11.020 of the Lakewood Municipal Code is hereby amended and shall read as follows:
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.
SECTION 2. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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