Removal of abandoned or derelict vehicles

A. Any abandoned or derelict vehicle on public place or private property without authorization of the owner or occupant of the property may be towed away at the expense of the owner of the vehicle, by order of the owner, occupant, or person in charge of the property, provided that: 1. There is a posted notice prohibiting vehicles to park on the property without authorization. The notice shall state where the vehicle will be towed and held. The notice shall be of such size and be placed in a location reasonably calculated to call the sign to the attention of potential parkers; or 2. A notice is posted on the abandoned or derelict vehicle for a period of twenty-four hours which states that the vehicle will be towed after the expiration of the twenty-four-hour period. The notice shall include the location where the vehicle will be towed. The notice shall be conspicuously displayed on the vehicle. B. Notice to Owner. Upon taking custody of any vehicle, a written notice shall immediately be sent by registered or certified mail, with a return receipt, to the legal and registered owner of the vehicle at the address on record at the department of finance. The notice shall contain a brief description of the vehicle, location of custody, and intended disposition of the vehicle if not repossessed within ten days after the mailing of the notice. A notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. C. Public Auction. If the vehicle is not repossessed within the time limit established by section 20.16.060B, the vehicle shall be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation; provided that the public auction shall not be held less than five days after the publication has been made. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency. D. Repossession by Person Entitled. Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle. Any person who is unable to post adequate security for expenses incurred in connection with the towing of the vehicle may petition the director of finance to reduce the amount of security required for repossession of the vehicle. The director of finance shall render a decision regarding said petition within twenty-four hours after the petition has been filed with the department of finance. The failure of the director of finance to render a decision on the petition within twenty-four hours after said petition has been filed shall entitle the owner to repossess the vehicle without posting any security. Any person aggrieved by a decision of the director of finance may appeal said decision to the board of variances and appeals. E. Waiver of Public Auction Requirements. The requirements of public auction may be waived when the appraised value of any vehicle is less than two hundred fifty dollars as determined by the director of finance or his authorized representative. In that event the vehicle may, after public advertisement has been made once in a newspaper of general circulation, either be sold by negotiation, disposed of as junk, or donated to any governmental agency. F. Effect of Transfer of Title. The transfer of title and interest by sale hereunder shall be considered a transfer by operation of law and shall be governed by the provisions applicable thereto; provided that in the event the certificate of ownership or registration is unavailable, the bill of sale executed by the County officer is satisfactory evidence authorizing the transfer of such title or interest. G. Disposition of Proceeds. All proceeds from the sale of the vehicle shall be deposited into the fund established by section 3.25.030 of the Maui County Code. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the County within one year from the execution of the sales agreement. The registered owner shall receive priority of payment to the extent of the registered owner's lien on the vehicle. The County may file a claim within the same period against the legal or registered owner or person with an unrecorded interest for deficiencies between the sale proceeds and expenses. H. Disposition of Derelict Vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 20.20.060B and 20.20.060C and 20.20.060E. (Ord. 2155 § 1, 1992: Ord. 1876 § 1 (part), 1990)