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PREFACE: Upon review of the Town’s current abandoned vehicle ordinance as it compares to Indiana State Code, the Town of Churubusco finds the need to amend their policy to more closely align with Indiana Code and to provide better procedural guidance to our officers in the event of an abandoned vehicle complaint. This ordinance will be introduced at the August 21, 2024 Council meeting.
ORDINANCE 2024-11
AN ORDINANCE AMENDING THE DEFINITIONS, PROCEDURES, DISPOSAL,
AND FEES RELATED TO ABANDONED VEHICLES IN THE
TOWN OF CHURUBUSCO, INDIANA
WHEREAS, the Town of Churubusco, Indiana, by and through its Town Council (“Town”), is authorized by Indiana Code §9-22-1-30 to adopt an ordinance to establish procedures related to abandoned vehicles;
WHEREAS, the ordinance must include the charges allowed for towing and storage of abandoned vehicles, the means of disposition of vehicles, and the establishment of an abandoned vehicle fund; and
WHEREAS, the Town agrees that it is appropriate and advisable to adopt an ordinance as described herein, revoking any previous ordinances on the subject matter.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA:
I. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and their derivatives shall have the meaning given in this section, unless otherwise specifically prescribed:
a. “Abandoned Motor Vehicle” is
i. A Vehicle located on public property, illegally, or left on public property continuously without being moved for three (3) days; or
ii. A Vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way; or
iii. A Vehicle that has remained on private property, without the consent of the property owner, or person legally in control of that property, for more than forty-eight (48) hours; or
iv. A Vehicle from which the engine, transmission, or differential has been removed, or that is otherwise partially dismantled or inoperable and left on public property; or
v. A Vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than this Ordinance, if the impounded Vehicle is not claimed or redeemed by the owner or his agent within fifteen (15) days of the removal of the Vehicle; or
vi. A Vehicle that does not display the appropriate current license plate, and has been left on private property continuously in a location visible from a public way for more than thirty (30) days; or
vii. A Vehicle that is mechanically Inoperable, and has been left on private property continuously in a location visible from a public way for more than thirty (30) days, even if said vehicle has current registration plates;
b. Such Vehicles are not considered abandoned if stored in a garage or other accessory building. Such Vehicles are also not considered abandoned if they are:
i. A Vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways, and located on a trailer designed to transport the race car; or
ii. A Vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment; or
iii. A Vehicle located on a Vehicle sale lot or a commercial Vehicle servicing facility; or
iv. A Vehicle located on property licensed or zoned as an automobile scrapyard or impound yard; or
v. A Vehicle registered and licensed under Indiana Code §9-18-12 as an automobile storage or impound yard; or
vi. An antique, historic, or military vehicle licensed or registered as such under the Indiana Code; or
vii. A golf cart; or
viii. An off-road Vehicle; or
ix. A single Vehicle located on private property posted for sale by owner for not more than sixty (60) days in a one (1) year time period;
c. “Agency” is the Town Marshal of the Town of Churubusco, Indiana, and any of his or her deputies, or any local or state agency given the responsibility by statute or ordinance for the removal, storage, and disposal of Abandoned Motor Vehicles;
d. “Bureau” is the Indiana Bureau of Motor Vehicles;
e. “County Fiscal Body” is the Town Council of the Town of Churubusco, Indiana;
f. “Inoperable” means unable to move under its own power;
g. “Motor Vehicle” or “Vehicle” is an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, bus, school bus, recreational vehicle, watercraft, motorized bicycle, or other form of transportation which requires registration and/or licensing by the State of Indiana;
h. “Officer” is the Agency, any Ordinance Officer of the Town of Churubusco, Indiana or any individual of an agency designated by ordinance of the Town Council of the Town of Churubusco, Indiana;
i. “Shall” is mandatory and not discretionary or directory.
II. RESPONSIBLE DEPARTMENT, POWERS.
The Town of Churubusco’s Town Marshal’s Office is designated and assigned as the Agency responsible for the removal, storage, and disposal of Abandoned Motor Vehicles and Abandoned Motor Vehicle parts within the incorporated area of the Town of Churubusco, Indiana, pursuant to Indiana Code §9-22-1-2, as now or hereafter amended, and said Agency is granted all powers reasonable and necessary for the performance of their responsibilities under this Ordinance.
III. ABANDONED VEHICLE FUND.
a. This Ordinance creates the Churubusco Abandoned Motor Vehicle Fund which shall be used to pay for the costs of removal and storage of Abandoned Motor Vehicles or parts not claimed by the person who owns or holds a lien on said Vehicle or parts. In addition, the proceeds from the sale of the Abandoned Motor Vehicles or Abandoned Motor Vehicle parts received by the Town of Churubusco shall be placed in this account. The costs incurred by the Town of Churubusco in administering this Ordinance shall be paid from this fund.
b. Said fund shall also have added to it such monies, if necessary, as may be appropriated by the Town Council of the Town of Churubusco. The proceeds of sale of an Abandoned Motor Vehicle or parts by the Agency shall be credited against all costs and incident to, the removal, storage, and disposal of the Vehicle. All monies remaining in said fund at the end of the year shall remain in such fund and not revert to the General Fund pursuant to Indiana Code §9-22-1-27. The monies in said fund shall be expended and used only for the purposes enumerated in Indiana Code §9-22-1-26, et seq., providing for the disposal of Abandoned Motor Vehicles.
c. A separate accounting of each sale shall be maintained. The Agency may seek payment of any abatement expenses not covered by the proceeds from the sale of the Abandoned Motor Vehicles pursuant to provisions established for filing a lien on the real estate of said owner.
IV. PROCEDURES.
a. When an Officer finds a Motor Vehicle or Motor Vehicle parts believed to be abandoned, they shall make a reasonable effort to ascertain the person who owns the Vehicle or parts or who may be in control of the Vehicle or parts, then they shall attach a notice tag in a prominent place containing the following information:
i. Identity of Vehicle or parts to be removed and a classification of the Vehicle or parts as:
1. Abandoned;
2. A traffic hazard, or;
3. A Vehicle parked in violation of a traffic ordinance.
b. After attaching the notice tag to the Abandoned Motor Vehicle or parts, the Officer shall conduct an owner identification search. If the owner is known or identified, the Office shall serve a Notice to Abate as described herein.
c. The Notice to Abate shall contain the following information:
i. The date, time, Officer’s name, public agency, and address and telephone number to contact for information;
ii. That the Motor Vehicle or parts are considered abandoned;
iii. That the Motor Vehicle or parts will be removed after twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system or seventy-two (72) hours, for any other vehicle;
iv. That the person who owns the Motor Vehicle or parts will be held responsible for all costs incidental to the removal, storage, and disposal of the Motor Vehicle or parts;
v. That the person who owns the Motor Vehicle or parts may avoid costs by removal of the Motor Vehicle or parts within the time periods outlined in this Ordinance;
vi. That the owner of the Motor Vehicle or parts may petition for an Appeal of the officer’s citation to the Town Council of the Town of Churubusco, Indiana;
vii. That the owner of the Motor Vehicle or parts may avoid impoundment of the cited Motor Vehicle and/or parts by removing the Motor Vehicle or parts within the time frame established on the citation and notifying the appropriate Agency of said removal. If the owner petitions for an Appeal to the Town Council of the Town of Churubusco, Indiana, no further action on the abatement notice will occur until after the hearing date, unless the Abandoned Motor Vehicle poses an immediate safety concern;
viii. In the event the owner of the Motor Vehicle cannot be found and the property owner, upon which the vehicle is located, cannot locate the owner or fails or refuses to give the Officer the name of the owner, then, and in that event the property owner shall be responsible for removal of the vehicle as provided above.
V. NOTICE OF IMPOUNDMENT – MOTOR VEHICLES OR PARTS WITH A MARKET VALUE OF MORE THAN TWO HUNDRED FIFTY DOLLARS ($250.00).
After removal of an Abandoned Motor Vehicle or parts to a storage area, the Agency shall prepare and forward to the Bureau an Abandoned Motor Vehicle report containing a description of the Vehicle including the make, model, engine number, if any, readily available vehicle identification number, if any, and the number of the license plate, if any. The Agency shall request that the Bureau advise the Agency of the name and most recent mailing address of the owner and lienholder of the Abandoned Motor Vehicle or parts.
VI. DISPOSAL.
a. Unidentifiable Vehicles. If the Vehicle or parts are in such condition that Vehicle identification numbers or other means of identification are not available to determine the owner or lienholder, and the owner of Vehicle or parts is not the property owner of where the Vehicle or parts are located, the Vehicle or parts may be disposed of without notice.
b. If the cited owner wishes to appeal the decision of an Officer, they must file an appeal with the Town Council of the Town of Churubusco within ten (10) days after receipt of said Notice to Abate. The appeal will be scheduled on the next available agenda of the Town Council of the Town of Churubusco, Indiana.
c. If the owner is duly served with Notice to Abate, and fails to petition for an appeal as provided herein, or appears and the appeal is denied the following shall occur:
i. If, in the opinion of the Officer, the market value of the Abandoned Motor Vehicle or parts is less than two hundred fifty dollars ($250.00), the Officer shall prepare a written Abandoned Motor Vehicle report of the Vehicle or parts including information on the condition, missing parts and other facts that might substantiate the market value of the Vehicle or parts. Photographs shall be taken to describe the condition of the Vehicle or parts. The Officer shall immediately dispose of the Vehicle to an automobile salvage yard. A copy of the report and photographs relating to the Abandoned Motor Vehicle or parts shall be forwarded to the Bureau. The Agency disposing of the Vehicle or parts shall retain the original records and photographs for at least two (2) years.
ii. If in the opinion of the Officer, the market value of the Abandoned Motor Vehicle or parts is two hundred fifty dollars ($250.00) or more, the Officer shall require the vehicle or parts to be towed to a storage area.
d. If the person who owns or holds a lien upon a Vehicle or part does not appear within fifteen (15) days after the mailing of a notice under the provisions of this Ordinance, the Agency may sell the Vehicle or parts by either of the following methods:
i. The Agency may sell the Vehicle or parts to the highest bidder at a public sale. Notice of the sale shall be given under Indiana Code §5-3-1, except that only one (1) newspaper insertion one (1) week before the sale is required.
ii. The Agency may sell the Vehicle or parts as unclaimed property under Indiana Code §36-1-11. The fifteen (15) day period for the property to remain unclaimed is sufficient for a sale.
VII. TOWING, STORAGE, AND DISPOSITION CHARGES.
a. The costs for removal and storage of Abandoned Motor Vehicles or parts not claimed by the owners or lienholders shall be paid from the Abandoned Motor Vehicle Fund established in this Ordinance. The charges for towing, storage, and removal of an Abandoned Motor Vehicle or parts may not exceed the limits established herein.
b. The charges for towing, storage, and removal of Abandoned Motor Vehicles shall be the responsibility of the owner pursuant to IC 9-22-1-4.
VIII. TIME.
In computing any period of time prescribed in this Ordinance, the day of the act, tagging, or mailing shall not be included. Such time computation shall commence on the next successive day and shall conclude on midnight of the last day of the period that is not a Saturday, Sunday or legal holiday.
IX. LIABILITY FOR LOSS OR DAMAGE.
a. The following are not liable for loss or damage to a Vehicle or parts during the removal, storage, or disposition of Abandoned Motor Vehicles or parts, under this Ordinance:
i. A person who owns, leases, or occupies property from which an Abandoned Motor Vehicle or parts are removed;
ii. A public agency;
iii. A towing service;
iv. An automobile salvage yard;
v. A storage yard; and
vi. An agent of a person or entity listed herein.
X. SEVERABILITY.
If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
XI. REPEAL OF CONFLICTING PROVISIONS.
All ordinances, or parts thereof, in conflict with the provisions of this ordinance, are, to the extent of such conflict, hereby repealed or amended.
XII. EFFECTIVE DATE.
This Ordinance shall be in full force and effect immediately upon passage.
ALL OF WHICH IS PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, WHITLEY COUNTY, INDIANA, THIS ______ DAY OF _______________, 2024.
TOWN COUNCIL OF THE TOWN OF
CHURUBUSCO
__________________________________
Mark Pepple, President
__________________________________
Devin Keener, Council Member
__________________________________
Nathan Van Horn, Council Member
ATTEST:
_______________________________
Madalyn Sade-Bartl, Clerk-Treasurer
