§ 54-3. Abandoned vehicles.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abandoned vehicle means, in accordance with IC 9-13-2-1:

(1)

A vehicle located on public property illegally;

(2)

A vehicle left on public property without being moved for three days;

(3)

A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;

(4)

A vehicle that has remained on private property without the consent of the owner or person in control of that property, for more than 48 hours;

(5)

A vehicle from which there has been removed the engine, transmission, differential, or that is otherwise partially dismantled, 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 if the vehicle once impounded in not claimed or redeemed by the owner or his agent within 20 days after its removal;

(7)

A vehicle that is at least three model years old and mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days.

Automobile scrapyard means a business organized for the purpose of scrap metal processing, automobile wrecking or operating a junkyard.

Bureau means the bureau of motor vehicles.

Officer means a regular member of the city police department, the building commissioner or the code enforcement officer.

Owner means the last known record title holder of a vehicle, according to the records of the bureau.

Private property means all property, other than public property.

Public agency means the board of public works and safety.

Public property means a public right-of-way, street, highway, alley, sidewalk, park or other municipal property.

Recreational vehicles includes boats, ski jets, snowmobiles and any other motorized vehicle used for recreational purposes.

Towing service means a business that engages in moving, removing, storing and impounding disabled vehicles.

Vehicle means an automobile, motorcycle, truck trailer, semitrailer, tractor, bus, recreational vehicle, motorized bicycle, or any bureau of motor vehicles legal type vehicle.

Visible from public property means that a vehicle can be seen from public/private 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/private property including fenced in areas. Vehicles visible in fenced in areas may be sent a written warning to the property on which the vehicle is sitting or posted at the property on which the vehicle is sitting.

(b)

Nuisance declared; public/private agency designated.

(1)

Abandoned vehicles are detrimental to the health and safety of the general public and are declared to be a public/private nuisance and a health and safety hazard.

(2)

The board of public works and safety shall be the public agency responsible for the identifying and coordinating abandoned vehicles. The board shall act through the police department, the building commissioner and code enforcement officer 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.

(3)

IC 9-22-1 et seq., entitled "Abandoned Motor Vehicles" is made a part of this section and shall govern all areas not specifically addressed herein.

(c)

Procedure for notice, removal and disposal of abandoned vehicles.

(1)

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.

(2)

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.

(3)

If a vehicle is illegal or inoperable in anyway according to IC 9-22-1-1 and/or city ordinance, the officer shall attach thereto, in a prominent place, a notice tag containing the following information:

a.

The date, time, officer's name, public agency and address and telephone number to contact for information.

b.

That the vehicle is considered abandoned.

c.

That the vehicle will be removed after 72 hours, if tagged on public property, or after 20 days, if tagged on private property.

d.

That the owner will be held responsible for all costs incidental to the removal, storage and disposal.

e.

Once the vehicle is tagged, after 20 days it can be towed, whether it is setting on public/private property or a different location, as long as it is still in violation of this section.

(4)

If the vehicle is not removed within the time frame of subsection (c)(3) of this section, the officer shall:

a.

Prepare a written vehicle report of the vehicle including, information on the condition, missing parts, illegally licensed, inoperable and other facts that substantiate reason for notice.

b.

Take photographs to illustrate the condition of the vehicle.

c.

Immediately have the vehicle removed to an automobile storage area or scrapyard.

d.

At the time of removal or disposal of the vehicle, the code enforcement department shall give a copy of the report to the company or person responsible for the removal or disposal, one copy to the police department, and the original copy with photograph shall remain for two years in the code enforcement department.

(5)

The officer shall attach to the vehicle in a prominent place a notice tag containing the following information:

a.

The date, time, officer's name, public agency and address and telephone number to contact for information.

b.

That the vehicle is considered abandoned.

c.

That the owner will be held responsible for all costs incidental to the removal, storage, and disposal.

(6)

The officer shall:

a.

Take photographs to illustrate the condition of the vehicle and have the vehicle removed to a storage area.

b.

If the owner or lien holder appears prior to the disposal of the vehicle and pays all costs incurred, he shall then be entitled to the return of the vehicle.

(7)

Neither the owner, lessee or occupant of the property from which an abandoned vehicle is removed or any public/private agency, towing service or automobile scrapyard is liable for any damage to the vehicle occurring during its removal, storage or disposition.

(d)

Exceptions. This section does not apply to the following vehicles:

(1)

A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.

(2)

A vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment.

(3)

All vehicles located at a zoning-approved vehicle sales or service facility legally licensed and customer vehicles only.

(4)

A vehicle located upon property licensed or zoned as an automobile scrapyard.

(5)

A vehicle registered and legally licensed under the state law as an antique motor vehicle.

(Code 1974, § 10-1.1(a)(2), (b), (c)(1); Ord. No. 2008-10, §§ 1—4, 4-7-2008)

State law reference

Abandoned vehicles, IC 9-22-1-1 et seq.