HomeMy WebLinkAbout123-O-22 Amending Title 10, Chapter 6 “Towing and Impoundment of Vehicles” to allow for the disposal of abandoned or unclaimed vehicles11/14/2022
123-O-22
AN ORDINANCE
Amending Title 10, Chapter 6 “Towing and Impoundment of Vehicles”
to allow for the disposal of abandoned or unclaimed vehicles
WHEREAS, the City Code currently mandates that all abandoned or
unclaimed vehicles 7 years or newer be sold at auction; and
WHEREAS, a vehicle auction of abandoned or unclaimed vehicles is not
always in the City’s best financial interest; and
WHEREAS, City Council has determined that it is in the best interests of
the City allow for disposal of abandoned or unclaimed vehicles as junk or by auction,
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 10-6-8, “Disposal of Unclaimed Vehicles” of the
Evanston City Code of 2012, as amended, is hereby further amended by adding the
following:
10-6-8. DISPOSAL OF UNCLAIMED VEHICLES.
When an abandoned or unclaimed vehicle seven (7) years of age or newer remains
unclaimed by the registered owner or other person legally entitled to its possession for
thirty (30) days after notice has been given, as provided in Section 10-6-4 of this
Chapter, the Chief of Police or his/her designee shall cause it to be sold at public sale to
the highest bidder or the Chief of Police or designee may authorize disposal of the
vehicle as junk.
If the vehicle is to be sold at auction, Nnotice of time and place of sale shall be
posted in a conspicuous place for at least ten (10) days prior to the sale on the
premises where the vehicle has been impounded.
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At least ten (10) days prior to the sale, the Chief of Police or his/her designee shall
cause a notice of the time and place of sale to be sent by certified mail to the registered
owner or other person known to be legally entitled to possession of the vehicle. Such
notice shall contain a complete description of the vehicle to be sold and the steps to be
taken to reclaim the vehicle.
Where certified notification required by Section 10-6-4 of this Chapter has been
returned by postal authorities to the Police Department or towing service due to the
addressee having moved, or being unclaimed at the address obtained from the
registration records, the sending of a second certified notice shall not be required.
All costs not recovered in a sale authorized by this Chapter shall be paid by the
owner of such vehicle. No member of the Police Department or any other employee of
the City, directly or indirectly, shall purchase or participate in the bidding for the
purchase of any vehicle so offered for sale.
If the vehicle is to be disposed of as junk, the Chief of Police or designee shall
cause a notice of the intent to dispose of the vehicle as junk as required by Section 10-
6-4 of this Chapter. If the certified notification as required by Section 10-6-4 of this
Chapter has been returned by the postal authorities to the Police Department or towing
service due to the addressee having moved, or being unclaimed at the address
obtained from the registration records, the sending of a second certified notice shall not
be required.
SECTION 2: That Section 10-6-9, “Disposal of Unclaimed Vehicles
Without Notice” of the Evanston City Code of 2012, as amended, is hereby further
amended by adding the following:
10-6-9. DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE.
When an unclaimed abandoned vehicle, where the identification of the registered
owner or other person legally entitled to the possession of abandoned or unclaimed
vehicles seven (7) years of age or newer, cannot be determined, the vehicle may be
sold without notice to the registered owner or other person legally entitled to possession
of the vehicle. or the Chief of Police or designee may authorize disposal of the vehicle
as junk.
When an unclaimed abandoned vehicle of more than seven (7) years of age is
impounded, as authorized by this Chapter, it shall be kept in custody for a minimum of
ten (10) days for the purpose of determining ownership, contacting the registered owner
by United States mail, public service or in person, and an examination of the Illinois
state police stolen motor vehicle files for theft and wanted information. At the expiration
of the ten-day period, without benefit of disposition information being received from the
registered owner, the Chief of Police or his/her designee may authorize disposal of
vehicle as junk only.
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SECTION 3: That the findings and recitals contained herein are declared
to be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Complied Statues and the courts of the State of Illinois.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 5: That this Ordinance 123-O-22 shall be in full force and effect
from and after its passage, approval and publication in the manner provided by law.
SECTION 6: That if any provision of this Ordinance 123-O-22 or
application thereof to any person or circumstance is ruled unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this Ordinance
122-O-22 that can be given effect without the invalid application or provision, and each
invalid provision or invalid application of this Ordinance 123-O-22 is severable.
Introduced:_________________, 2022
Adopted:___________________, 2022
Approved:
__________________________, 2022
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
November 14
December 12
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December 15