Title 12 - Traffic

12.20.006 Wrecker or Tow Service Foreclosure of Lien.

1. A.
   Any person or commercial towing service that tows and impounds a motor vehicle pursuant to this Chapter, 12.21 or any other legal request for towing and impounding by a law enforcement officer of the City shall have a possessory lien as provided for in K.S.A. 8-1103 et seq., and amendments thereto. Wrecker or tow service operators shall comply with the notice and disposition procedures for foreclosure of the lien as set forth in K.S.A. 8-1103 through 8-1108, and amendments thereto.
2. B.
   Prior to any sale by a person or commercial tow service of a vehicle towed or impounded at the request of the Overland Park Police Department, the person or tow service must notify the Overland Park Police Department in writing that they intend to foreclose a lien they have perfected on said vehicle and they intend to sell the vehicle at public auction pursuant to the provisions of K.S.A. 8-1103 through K.S.A. 8-1108, and amendments thereto. No person will sell such vehicle until they have complied with all notices required by law.
3. C.
   After any sale foreclosing a lien created by K.S.A. 8-1103 et seq., and amendments thereto, the person or tow service conducting the sale shall deliver a copy of the bill of sale, signed by the purchaser, indicating the date of the sale, vehicle description and vehicle identification number and amount the vehicle was purchased for and an itemized list of tow and storage charges accrued for the vehicle. This information must be submitted to the Overland Park Police Department within seven days of the date of the sale. All monies derived from the sale of motor vehicles pursuant to this paragraph, which were towed and impounded at the request of the Overland Park Police Department, less any amount of the lien for towing and storage and expenses of sale and shall be paid to the lienholder of record on the vehicle and if there is no lienholder of record, shall be paid to the owner of record. If no lienholder or owner can be identified, the person or tow service shall pay the funds to the City Clerk within 10 days, and such funds will be equitably divided among the companies on the rotation tow list at the end of each calendar year. Persons or tow services shall proportionately share in such proceeds based on how many months out of the year they were listed on the rotation tow list.

(History: Ord. TS-2819 §1, 2009; TS-1804 §3, 93; TS-1794 §1, 94; TS-1674 §6, 91; TS-1452 §1, 87; TS-1433 §6, 87)

Effective on: 1/1/1901