3.11.010 Notice of impoundment
Whenever a police agent or employee of the city removes a vehicle from a public right-of-way or private property to the official police garage, the Police Department shall report the impoundment to the Colorado Department of Revenue, Motor Vehicle Division within three working days of the date the vehicle was impounded. Within five working days after the Colorado Department of Revenue notifies the Police Department of the last known owner of the vehicle and any lien holder shown in its records, the Police Department shall send a written notice, by certified mail, to the owner of record and any lien holder. If a vehicle has no license plates affixed thereto, or has out-of-state license plates affixed thereto, and Colorado Department of Revenue has no record of the last known owner of such vehicle, the Police Department shall contact the state that issued the license plates to determine the last known owner, if any, or shall use the computer resources available to the Police Department to determine the last known owner, if any, and such person shall be sent a written notice, by certified mail. The notice shall contain the following:
A. The location from which the vehicle was towed and the date of impoundment;
B. The reason for towing and impoundment;
C. The storage location of the impounded vehicle;
D. That failure to claim the vehicle and pay the costs of recovery, towing, and/or storage within thirty days from the date the notice was sent to the owner and any lien holder may result in sale or disposal of the vehicle by the city. (Ord. O-90-41 § 1 (part), 1990).
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 (30) days after notice as required by Section 42-4-1804(4), C.R.S. was sent by first-class mail to the owner, if ascertained, and any lien holder, if ascertained, 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 ($2,000) 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 three hundred fifty dollars ($350) 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.
C. Any vehicle appraised by the city at a value of two thousand dollars ($2,000) or more may 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. 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.
E. The City Manager or his designee shall issue a written bill of sale without warranty to the purchaser of the vehicle.
F. 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.
G. 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. (Ord. O-2012-8 § 5, 2012; Ord. O-2004-37 § 1, 2004; Ord. O-90-41 § 1 (part), 1990).