Title 12 - Traffic

12.20.005 Sale of Impounded Vehicles by City.

Any motor vehicle towed and impounded by the City pursuant to the provisions of this chapter for a period of 30 days or more may be disposed of by the City by sale at public auction in the following manner:

1. 1.
   If such motor vehicle has displayed thereon a registration plate issued by the state of Kansas and has been registered with the state of Kansas, the City shall request verification from the division of vehicles of the last registered owner and lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than 30 days after the City took possession of the vehicle. The City shall mail a notice by certified mail, return receipt requested, to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder of record, if any, in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage costs incurred by the City on it within 15 days from the date of the mailing of the notice, that it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 10 days after receipt of verification of the last owner and lienholders, if any, as provided in this subsection. The notice shall also include the right of hearing set forth in 12.20.004.
2. 2.
   After 15 days from the date of mailing notice, the City shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in Johnson County, Kansas, which notice shall describe the motor vehicle by name of maker, model, serial number, and owner, if known, and stating that it has been impounded by the City of Overland Park and that it will be sold at public auction to the highest bidder for cash if the owner thereof does not claim it within 10 days of the date of the second publication of the notice and pay the removal and storage charges, and publication costs incurred by the City. The notice shall also include the right of hearing set forth in 12.20.004.
3. 3.
   If the vehicle, when towed, did not display a registration plate issued by the state of Kansas and is not registered with the state of Kansas and the owner remains unknown after diligent efforts have been made by the commercial tow service to determine ownership, the City after 30 days from the date of impoundment shall request verification from the division of vehicles of the last registered owner and lienholders, if any. Such verification request shall be submitted to the division of vehicles no more than 30 days after the City took possession of the vehicle. The City shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by City on it within 15 days from the date of mailing of the notice, it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within 10 days after receipt of verification of the last owner and lienholders, if any, as provided in this subsection. After 15 days from the date of mailing notice, the City shall publish a notice in a newspaper of general circulation in Johnson County, Kansas, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state that it has been impounded by the City and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim it within 10 days of the second publication of the notice and pay the removal and storage charges incurred by the City. The notice shall also include the right of hearing set forth in 12.20.004.
4. 4.
   When the City has complied with this section and the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the City on such motor vehicle, the City may sell the motor vehicle at public auction to the highest bidder for cash. All monies derived from the sale of motor vehicles pursuant to this section, after payment of the expenses of the impoundment and sale, shall be paid into the fund of the City which is used by it for the construction and maintenance of highways.
5. 5.
   After any sale pursuant to this section, the purchaser may file proof thereof with the division of vehicles, and the division shall issue a certificate of title to the purchaser of the motor vehicle.

(History: Ord. TC-1260,FFFF §77, 2022; Ord. TC-1260,BBB §7, 2004; TS-1804 §2, 93; TS-1674 §5, 91; TS-1433 §5, 87) (State Law: K.S.A. 8-1102 and K.S.A. 8-1104)

Effective on: 1/1/1901