§ 16-54. Garage keepers.

(a)

A motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lien holder of record under the Certificate of Title Act (Vernon's Ann. Civ. St Article 6687-1) to pick up the vehicle, or left for more than ten (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage or repair is considered an abandoned vehicle and shall be reported by the garage keeper to the police department. If the notice to the owner or a lien holder is returned by the post office unclaimed, notice by one (1) publication in one (1) newspaper of general circulation in the area in which the vehicle was left in storage is sufficient notice.

(b)

If a garage keeper acquires possession of a motor vehicle for a purpose other than repair, the garage keeper is entitled to towing, preservation and notification charges and to reasonable storage fees in addition to storage fees earned pursuant to contract for a maximum of ten (10) days only until notification is mailed to the last known registered owner and all lien holders of record as provided by subsection (a) of this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garage keeper who fails to report the possession of an abandoned vehicle to the police department within ten (10) days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.

(c)

The police department, upon receipt of a report from a garage keeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by section 16-52, except that custody of the vehicle shall remain with the garage keeper until after compliance with the notification requirements. A fee of two dollars ($2.00) shall accompany the report of the garage keeper to the police department. The two dollar fee shall be retained by the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.

(d)

An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 16-52 shall be taken into custody by the police department and sold in the manner provided by section 16-53. The proceeds of a sale under this section shall first be applied to the garage keeper's charges for servicing, storage, and repair; but, as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two (2) percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than ten dollars ($10.00). If the gross proceeds are less than ten dollars ($10.00), the department shall retain the ten dollars ($10.00) to defray expenses of custody and auction. Surplus proceeds remaining from any auction shall be distributed in accordance with section 16-53.

(e)

Except for the termination or limitation of claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a storage facility under the laws of this state.

(Ord. No. 85-114, § 16-25, 11-12-85)

State law reference

Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.05.