Legal Documents of White Pine
Code of White Pine
Title 13 Property Maintenance Regulations
Chapter 3 Abandoned Or Inoperable Vehicles
13-302 : Removal and disposition generally.
- Removal by town. The town, through the police department or other department as designated by the mayor, may take into custody any motor vehicle which is abandoned, wrecked, dismantled or inoperable upon public property, or upon private property with the consent of the owner. The department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned or inoperable vehicles.
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Notice to owner and lienholders. Within fifteen (15) days of the removal of the abandoned or inoperable vehicle, the town shall notify by registered mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned, wrecked, dismantled or inoperable motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholder of their right to reclaim the motor vehicle within ten (10) days after the date of notice upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle, and consent to the sale of the abandoned or inoperable motor vehicle at a public auction.
If there is no response to the notice by registered mail provided for in subsection (2)(a) of this section, then there shall be notice by one (1) publication in one (1) newspaper of general circulation in the area where the motor vehicle was abandoned. Such notice shall be in a small display ad format, but one (1) advertisement may contain multiple listings of abandoned vehicles.
- Sale at public auction. If an abandoned motor vehicle has not been reclaimed within the time allowed, the town shall sell the motor vehicle at a public auction subject to the provisions of TCA 55-16-101, et seq. The proceeds of the sale of an abandoned motor vehicle shall be used for payment of the expenses of the auction, the cost of towing, preserving and storing the motor vehicle, and all notice and publication costs incurred pursuant to this article. Any remainder from the proceeds of the sale shall be held for the owner or lienholder for forty-five (45) days and then shall be deposited in the general fund.
- Disposition of inoperable vehicles. Notwithstanding any other provisions of this article, the town may dispose of an abandoned automobile found on public or private property without title and without the notification procedures of this section if the motor vehicle is over five (5) years old and has no engine or is otherwise totally inoperable. (Ord. #2-97, July 1997)
Officials at Date of Last Codification:
Mayor - Fred Taylor
Alderman - Tyler Marshall
Alderman - Josh Sinard
Alderman - Ann Strom
Alderman - Jarrad Stump
Alderman - Whitney Woods
City Recorder - Alyson Susong