§ 28-51. Garagekeepers and abandoned motor vehicles.

(a)

A motor vehicle is considered an abandoned vehicle, and shall be reported by the garagekeeper to the police department, if it is left for more than ten days:

(1)

In a storage facility operated for commercial purposes, after notice is given to the owner as provided by this section;

(2)

After the expiration of a period under a contract pursuant to which the vehicle was to remain on the premises of the storage facility; or

(3)

In a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair.

(b)

A garagekeeper who fails to report the possession of an abandoned vehicle within ten days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.

(c)

The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section shall follow the notification procedures provided by section 28-49, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee as provided for in the fee schedule on file in the office of the city secretary shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.

(d)

An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 28-49 shall be taken into custody by the police department and sold in the manner provided by section 28-50. The proceeds of such sale shall first be applied to the garagekeeper's charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the department shall retain the proceeds to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 28-50.

(e)

Except for the termination of claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state.

(Code 1994, § 7.505)