§ 71.073. SALE OF IMPOUNDED VEHICLE.

(A)

If the residence or address of the owner or any person holding a lien upon an impounded vehicle cannot be ascertained, or if the owner or person holding a lien upon the vehicle fails to take possession of the vehicle within thirty (30) days after the mailing of the notice provided for in this subsection, such vehicle shall be sold at public auction by the Chief of Police at some place within the City, but prior to the sale a notice shall be published in a City publication at least ten (10) days prior to the date of sale. Such notice shall give the time and place of sale and describe the motor vehicle to be sold. A copy of such notice shall be mailed to the owner and each person holding a lien on the car, if their address be known, at least ten (10) days before the date of the sale.

(1)

The City shall not guarantee title to such vehicle or to deliver a title of ownership, but shall furnish the purchaser a certificate in substantially the following form:

Certificate No. _____

CERTIFICATE OF SALE

Delray Beach Police Dept.

Delray Beach, Florida 33444

THIS IS TO CERTIFY that the following described car was abandoned on the public streets of Delray Beach, Florida, and was placed in the custody of the Police Department where it was held for thirty (30) days, after which time it having been impossible to find the owner of the same, or if found, he failed to repossess same, this automobile was sold to the highest bidder after legal advertisement.

This certificate of sale is therefore issued to residing at

Make: _____

Year: _____

Engine No.: _____

Chassis No.: _____ _______

Dated at Delray Beach, Florida, this ____________ day of ____________ , 20 ____________ .

Chief of Police

(2)

The above form shall be in duplicate. The original shall be given to the purchaser and the duplicate bound in a book or record.

(B)

If any motor vehicle shall be sold as provided in this subsection, the proceeds of the sale, after paying all the costs actually expended for advertising or otherwise in the sale, shall be deposited in the General Fund of the City.

(C)

The owner or any person having a lien upon an impounded vehicle may take possession of the same at any time prior to the sale provided for in this subsection but such person shall reimburse the City for all reasonable expenses for storage, advertising, or other expense incurred in connection therewith.

(D)

The proceeds of any sale of an impounded vehicle paid to the General Fund of the City shall not be expended or disbursed for ninety (90) days after the date of such sale. At any time during that period, the owner or any person having an interest in the motor vehicle may, upon making proof of such ownership or interest, recover back from the fund the proceeds of the sale, less all the expenses of caring for such property, advertising, and the making of such sale.

(Ord. No. 07-18 , § 18, passed 6/5/18)