§ 22-225. Sale of seized vehicle by city.

Any junked motor vehicle as defined in this chapter may be removed and disposed of after written notice of not less than 15 days is either placed on the vehicle itself, either hand-delivered to the owner, if known, or sent by certified mail as provided herein, and no timely written request for a hearing is made pursuant to section 22-224.1 of this Code or if a hearing is held and it is determined at the hearing that the motor vehicle is found to be a public nuisance and the applicable appeal delays have run. Any junked motor vehicle which remains on the public way or private property after notice given as provided herein and no timely written request for a hearing is made pursuant to section 22-224.1 of this Code, or if a hearing is held and it is determined at the hearing that the motor vehicle is found to be a public nuisance and the applicable appeal delays have run, shall be considered as public property and shall be disposed of by the Carencro Police Department if the junked motor vehicle and/or abandoned motor vehicle is located within the city limits of Carencro. These departments are hereby given authority to dispose of such junked motor vehicles by any of the following means, to wit:

(1)

Notice to owner. The city shall send a registered or certified letter, return receipt requested, to the owner of the vehicle, within ten days of the date the vehicle was seized. The city shall send a second letter to the vehicle owner upon the expiration of the three-month period provided for in this section. Any such letter shall be sent to the owner of the vehicle at the owner's last known address informing owners that the city is holding the vehicle and advising of the location of the vehicle. The owner shall also be informed in such letter that the vehicle will be sold to the highest bidder unless the owner, on or before the date of the sale, claims the vehicle and pays the city all costs and charges imposed for the removal, storage and detention of the vehicle. A copy of both of these letters shall also be sent to any person known to be the holder of a security interest affecting the vehicle.

(2)

Appraisal of vehicle; publication of notice. Before any sale of such vehicle, the city shall have the vehicle appraised by a competent appraiser and shall publish a notice of the proposed sale of the vehicle in the official journal of the city not less than three times within a ten-day period prior to the date of the sale. The published notice shall contain a complete list of the vehicles to be sold, the date and place of the sale, and notification that the vehicles will be sold either individually or in globo to the highest bidder therefor, all in the discretion of the city.

(3)

Disposition of funds. All funds received from the sale of any such motor vehicle under the provisions of this section shall be set aside and placed in a separate account established therefor by the city after the city deducts from the proceeds of the sale whatever amount is necessary to pay for all costs and charges with reference to the removal, detention, storage and/or disposal of the motor vehicle. If, within one year following the date of the sale, the owner or lienholder of any of such vehicles shall present sufficient proof to the city of his ownership or lien, the owner or lienholder shall be entitled to the amount received for his individual vehicle less his pro rata share of the costs and expenses of the sale, as well as all charges and costs which are due and owing to the city by virtue of the removal, storage, detention and/or disposal of the vehicle. Any funds not claimed within one year following the date of the sale shall be deposited into a special fund established to administer this article.

(Ord. No. 2000-010, art. II, § 5, 4-17-2000; Ord. No. 2013-023, § 4, 1-21-2014)