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TC Ord. No. 1981-30TOWN OF AVON ORDINANCE NO. 81--30 SERIES 1981 AN ORDINANCE CONCERNED WITH AMENDING THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALI- TIES, 1977 EDITION, ADOPTED BY-ORDINANCE NUMBER 2, SERIES OF 1978, AS-AMENDED, TO PROVIDE FOR A PROCEDURE FOR THE IMPOUND- MENT AND DISPOSAL OF MOTOR VEHICLES PARKED OR ABANDONED IN VIOLATION OF THE PROVISIONS OF SAID CODE. WHEREAS, the Town Council of Avon has determined that a need exists for a 'procedure by which vehicles illegally parked or abandoned may be impounded and disposed of, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON: Section 1. Amendment.- Section 2-20 o Article XXII, of the. Model Traffic Code of Colorado Municipalities, 1977 Edition, adopted by Ordinance No. 2, Series of 1978, as amended, is hereby amended by the addition of'subsections (f), (g), (h), (i), ( j) , (k), (1) ' and (m), which shall read as follows: (f) Whenever the police officer or any other employee of the Town so authorized-removes the vehicle and causes it to be impounded as- authorized by law, and the officer or other employee knows or is able to ascertain from the registration, or 'other records in the vehicle or otherwise, the name of the owner- and address of the. owner, the officer or employee shall immediately give or cause to be given notice in writing to the owner of the -fact of the removal, the reason, for it and- the place to which the- vehicle has been removed. (g) Whenever an officer - or employee of the Town removes a vehicle from a public way or from public or private property and does not know or is not able to ascertain the name of the owner 'thereof, or for any other reason is unable-to give the notice to. the owner as provided in Section 20-22 (f), and in the event the vehicle is not returned to the owner within a period of three days, the. chief of police or other employee of,.the town designated by the chief of police'-shall immediately send or cause to be sent a .written report of the removal by mail to the state department whose duty it is to register motor vehicles. The notice shall, include a complete description of the vehicle, the date, ,time and place of removal, the reasons for the removal, and the'name of the garage'or.other'place where the vehicle is stored, with a request that the owner of the vehicle be.notified immediately. (h) Whenever, pursuant -to the terms of this chapter, -a vehicle has been impounded by the Town for a period of thirty days and no claim of ownership or the right to possession thereof has been made, or when a claim has • been made but not established to the satisfaction of the town. manager,-.and-: no, suit or action to determine the claim has ,beeri instituted,;" the Town may dispose of the vehicle in the manner set out in subsection M. (i)< ...The-.',chief of police or other employee of. the Town designated by the chief- of police shall cause I written notice to be given to "all :persons known by him to claim an interest in the vehicle. The "notice shall be given by delivery in person, .or by certified mail, addressed to the last known address of the, business or residence of the .person to be notified. The notice shall contain the following: 1. An-itemized statement of the amount due to the Town for, removal of.and storage of the vehicle showing the amount due-at the time of notice; 2. A description of the vehicle. 3. A demand-that the amount due the town,-as stated in the notice,.and such further claims as shall accrue,. shall be paid and the right to the possession of the vehicle be'established to the satisfaction of the chief of police on or before a date men- tioned, being not less than ten days from the delivery of the notice if it is-personal-' ly delivered, or.from the date of registration of the letter, unless the person notified chooses to appear before the chief of police or his designee within such ten-day period and establishes that (1) the impounding of the vehicle was improper or (2) the amount demanded is unreasonable, and the statement thatunless the amount due the town is paid or.determined not to be required and the right to the possession of the vehicle is established to the satisfaction of the chief of police within the time specified, the vehicle will be advertised for sale and sold by auction at a specified time and place. (j) In accordance with the terms of the notice provided for in Section 22-20 (iY (3),.a sale of the vehicle by auction may be had to satisfy the claim of the Town for the storage and removal of the "vehicle and to discharge the Town from further responsibility in connection with the vehicle and from any duty to. further retain or store the vehicle. The sale shall be held at the place where the vehicle is stored. or impounded - or, if it is manifestly unsuitable for the purpose,. at the nearest suitable place and shall be made to the highest bidder of a price at least as great as the estimated value of the vehicle. After the, time for the payment of the'claim.and the establishment to the satisfaction of the chief :of police of the right to .possession of the vehicle has elapsed-and notice was given as required,, an advertisement of the•,sale, describing the vehicle to be sold and stating the names of all persons known by the chief of police to, claim an interest in the vehicle, if any, and' the time and place, of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the county. The sale shall be held not less than fifteen days from the date of the.first publication.' The chief of police shall execute and deliver a bill of sale, together with any report required by the - 2 - 0 • Colorado Department of Revenue, evidencing transfer of title to the vehicle to any purchaser. (k) From the proceeds of the sale provided for in Section 22-20 (j), the chief of police shall satisfy the claim of the Town for the charges for removal and storage of the vehicle, and for the reasonable charges or expenses for or of the notice, advertising and sale. The balance, if any, of the proceeds will be paid into the treasury of the Town and deposited to the general fund. No claim for refund shall be made by any person entitled to it except if the claim is made within one year from the date of any sale resulting in the payment of any such proceeds into the treasury. A claim for refund shall be made to the town manager, who shall make a thorough examination of the claim. The failure on the part of any person to request the initiation of a refund to him within one year from the date of sale shall be conclusive of the fact that he has no meritorious claim for the refund within the set period of one year from the date of sale and he shall not thereafter commence any action, suit or proceeding whatsoever to obtain the refund and the town shall be under no liability to him whatsoever by reason of the sale for the payment of any part of the proceeds of the sale or the entire proceeds of the sale in the treasury of the Town. (1) When any vehicle is offered for sale at auction pursuant to the terms of this chapter and there is no bid or offered bid for the vehicle, the chief of police shall declare the vehicle to be sold to the Town for the amount of the charges for the removal and storage of the vehicle, and the charges and expenses of notice, advertisement, and sale, and shall place the vehicle in the custody of such department of the town as he in his sole discretion may determine, for the sole benefit and use of the Town. (m) There shall be no right of redemption from any sale made pursuant to the terms of this section and after a vehicle has been sold pursuant to such terms, neither the Town nor any officer, agent or employee of the Town shall be liable for failure to deliver the vehicle to anyone other than the purchaser or purchasers at the sale. (n) Nothing contained herein shall be construed as imposing any obligation or liability on the Town for any negligence in the towing or storage of an vehicle or with respect to the quality of title to any vehicle. Section 2. Severabilit of Provisions. If any part, section, sentence, clause or phrase o this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof; irrespective of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, D AND ORDERED PUBLISHED ONCE IN FULL, this,;day of ,1981 and a public hearing on this Ordinance dat the regular meeting of th Town Cou of the Town of Avon, Colorado, on the day of , 1981, at - 3 - i • 7:30 P.M. in the Municipal Offices of the Town of Avon, Colorado. Ma atr y1e INTRODUCED, PASSED, AD ON SE 0 READING, APPROVED AND ORDERED PUBLISHED THIS % DAY OF 1981. ~'ill I . 0 P'A j ) i A AAnjb~& pl, o A T: -~d: 4,JL - Patricia J. Doy , Town lerk - 4 - 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN ;OF AVON 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF.THE TOWN OF AVON, COLORADO, AT-7:30 P.M. ON THE 10TH DAY OF NOVEMBER, 1981 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#81-30, SERIES OF 1981: AN ORDINANCE CONCERNED WITH AMENDING THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,`.-1977 EDITION, ADOPTED BY ORDINANCE NUMBER 2, SERIES OF 1978, AS AMENDED, TO PROVIDE FOR A PROCEDURE FOR THE IMPOUNDMENT AND DISPOSAL OF MOTOR VEHICLES PARKED OR ABANDONED IN VIOLATION OF THE PROVISIONS OF SAID CODE. A copy of.said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and posted by-order of the-Town Council of the Town of Avon, Colorado. Dated this 29th day of October, 1981. TOWN OF AVON, BY: Patricia J. le Town Clerk Tr. POSTED AT THE FOLLOWING''PUBLIC PLACES WITHIN THE TOWN OF AVON,ON OCTOBER 29, 1981: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF CITY MARKET, THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY