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 Dodge County
 Code of Ordinances
 SUPPLEMENT HISTORY TABLE
 Chapter 7. TRAFFIC CODE

  § 7.07. ABANDONMENT OF VEHICLES .  

Latest version.

  • (1)

    PROHIBITED. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway or private or public property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended on any highway or on any public or private property within the County without the permission of the owner for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.

    (2)

    VEHICLE NOT CONSIDERED ABANDONED. A motor vehicle shall not be considered an abandoned motor vehicle when it is out of ordinary public view or when designated as not abandoned by the Sheriff or his authorized representative.

    (3)

    REMOVAL AND IMPOUNDMENT. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under subsections (4) through (6). If it is deemed by the Sheriff or his authorized representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be disposed of by the County by direct sale to a licensed salvage dealer, by sealed bid sale or by auction sale prior to expiration of the impoundment period upon determination by the Sheriff that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with subsections (4) through (6).

    (4)

    STORAGE AND NOTICE. Any vehicle which is deemed abandoned by the Sheriff or his authorized representative and not disposed of under subsection (3) shall be retained in storage for a minimum period of 10 days after certified mail notice has been sent to the owner and lienholders of record to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model and serial number of the abandoned motor vehicle, the place where the vehicle is being held, and shall inform the owner and any lienholders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lienholder to exercise their rights to reclaim the vehicle under this chapter shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle. Each retained vehicle not reclaimed by its owner or lienholder may be sold.

    (5)

    DISPOSAL AND SALE PROCEDURE.

    (a)

    The County shall dispose of the vehicle by sealed bid sale or by auction sale. At such sale the highest bid for any such motor vehicle shall be accepted unless the same is deemed inadequate by the Sheriff or his authorized representative, in which event all bids may be rejected. If all bids are rejected or no bid is received, the County may either re-advertise the sale, adjourn the sale to a definite date, sell the motor vehicle at a private sale or sell the motor vehicle by direct sale to a licensed salvage dealer. Any interested person may offer bids on each abandoned vehicle to be sold.

    (b)

    The Sheriff or his representative, shall advertise each such sale by posting a public notice at the office of the Sheriff. The posting of the notice at the office of the Sheriff shall be in the same form as the certified mail notice sent to the owner or lienholders of record.

    (6)

    SALE OF VEHICLE.

    (a)

    Upon the sale of an abandoned vehicle, the County shall supply the purchaser with a completed form designed by the State Department of Transportation, Division of Motor Vehicles, enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the vehicle from the storage area, but shall pay a reasonable storage fee established by the County for each day the vehicle remains in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be sold again.

    (b)

    Any listing of vehicles to be sold by the County shall be made available to any interested person or organization which makes a written request for such list. The County shall charge a nominal fee for the list.

    (7)

    DISPOSITION OF PROCEEDS OF SALE. After deducting the expenses of towing, impoundment and sale, the balance of the proceeds, if any, shall be paid into the County treasury.

    (8)

    COUNTY TO ADVISE STATE. Within 5 days after the sale or disposal of a vehicle as provided above, the County shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposition on a form supplied by the State Department of Transportation, Division of Motor Vehicles.

    (9)

    OWNER RESPONSIBLE FOR COSTS. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the County against the owner. Whether or not the County recovers the cost of towing and enforcement, the County shall be responsible to the towing service for requisitional towing service and reasonable charges for impoundment.