§ 12-43. Removal of vehicles.

All abandoned or derelict vehicles shall be subject to removal from public and private property to a storage area for safekeeping by or under the direction of a police officer or other person, firm or corporation so designated by the city manager and disposed of in accordance with the provisions of this article.

(1)

When a motor vehicle is derelict or abandoned upon any right-of-way of any road, street or highway for a period of over forty-eight (48) hours, or upon any public property for a period of over twenty-four (24) hours, the vehicle shall be seized and removed, and the following provisions shall apply:

a.

Notification within fifteen (15) days thereof by registered mail, return receipt requested, to the last known registered owner of the 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 vehicle; set forth where the motor vehicle is being held; inform the owner and any lienholder of the right to reclaim the motor vehicle within thirty (30) 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 failure of the owner or lienholder to exercise the 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 vehicle at public auction.

b.

If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one (1) publication in one (1) newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered mail or certified mail and must have the same contents required for a notice by registered mail.

c.

No lienholder shall be subject to any penalty imposed by law in this state for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant. No owner of a vehicle which has been stolen and thereafter abandoned, as defined by this article, shall be liable for any charges or penalties imposed herein. A vehicle shall be deemed to be stolen when the owner notifies a police officer of this state, and such report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle.

(2)

When a motor vehicle is derelict or abandoned upon private property, the following provisions shall apply:

a.

A colored tag shall be placed upon the motor vehicle which shall be notice to the owner, the person in possession of the motor vehicle or any lienholder that it is considered to be derelict or abandoned and is subject to forfeiture to the city.

b.

If the motor vehicle is determined to be valued at less than one hundred dollars ($100.00), the tag shall so state and shall serve as the only legal notice that, unless the motor vehicle is removed within seven (7) days from the date of the tag, it shall become property of the city, shall be removed and sold and all proceeds shall be deposited in the general fund of the city.

c.

If the value of the motor vehicle is determined to be more than one hundred dollars ($100.00), the colored tag shall so state and shall serve as the only legal notice that, if the vehicle is not removed within seven (7) days from the date of the tag, it will be removed to a designated place to be sold. After the motor vehicle is removed, notice to the owner shall be as provided in subsection 12-43(1)a. The proceeds of the sale shall be deposited in the general fund of the city.

d.

If the value of the motor vehicle is determined to be more than one hundred dollars ($100.00) and if the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one (1) publication in a newspaper of general circulation in the area where the motor vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of motor vehicles. This notice must be within the time requirements prescribed and must have the same contents required by subsection 12-43(1)a. Thirty (30) days after the date of publication, the advertised motor vehicle may be sold. The proceeds of such sale shall be deposited in the general fund of the city.

(3)

Any notice sent by mail or any newspaper notice published under the provisions of this article shall contain the following, if it is obtainable: the year, make, model and serial number of the abandoned or derelict motor vehicle.

(4)

The city manager or any designees may appraise or determine the value of a derelict or abandoned motor vehicle for the purposes of this article.

(5)

With the owner's consent, the city may remove and dispose of any vehicle, regardless of the value or condition, without notice.

(Ord. No. 91-4, § 2, 1-7-91)

State law reference

Disposition of vehicles, S.C. Code 1976, §§ 56-5-5640 et seq., 56-5-5810 et seq.; abatement of nuisance created by junkyard, §§ 57-27-45, 57-27-80.