§ 36-852. Abandoned vehicles generally.

(a)

A person shall not abandon a vehicle in this state. It is presumed that the last titled owner of the vehicle is responsible for abandoning the vehicle unless the person provides a record of sale as that term is defined in section 240 of the Michigan Vehicle Code (MCL 257.240). A person who violates this subsection and who fails to redeem the vehicle before disposition of the vehicle under this section is responsible for a civil infraction and shall be ordered to pay a civil fine of $50.00.

(b)

As used in this section, the term "abandoned vehicle" means either of the following:

(1)

A vehicle that has remained on private property without the consent of the owner.

(2)

A vehicle that has remained on public property for a period of not less than 48 hours.

(c)

If a vehicle has remained on public property for the period of time described in subsection (b)(2) of this section so that it qualifies as abandoned, the department of public safety shall determine if the vehicle has been reported stolen and may affix a written notice to the vehicle. The written notice shall contain the following information:

(1)

The date and time the notice was affixed.

(2)

The name and address of the department of public safety.

(3)

The name and badge number of the public safety officer affixing the notice.

(4)

The date and time the vehicle may be taken into custody and stored at the owner's expense or scrapped if the vehicle is not removed.

(5)

The year, make and vehicle identification number of the vehicle if available.

(d)

If the vehicle is an abandoned vehicle, the department of public safety may have the vehicle taken into custody.

(e)

When the department of public safety has taken the vehicle into custody as abandoned, it shall do all of the following:

(1)

Recheck to determine if the vehicle has been reported stolen.

(2)

Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network, and notify the secretary of state through the law enforcement information network that the vehicle has been taken into custody as abandoned. Each notification shall contain the following information:

a.

The year, make, and vehicle identification number of the vehicle, if available.

b.

The address or approximate location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name and address of the police agency that had the vehicle taken into custody.

e.

The name and address of the custodian of the vehicle.

f.

The name of the court that has jurisdiction over the case.

(3)

Within seven days after receiving notice under subsection (e)(2) of this section that the vehicle has been taken into custody, the secretary of state shall send to the last title owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle is considered abandoned. The form of the notice shall contain the following information:

a.

The year, make and vehicle identification number of the vehicle if available.

b.

The location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name and address of the police agency which had the vehicle taken into custody.

e.

The business address of the custodian of the vehicle.

f.

The procedure to redeem the vehicle.

g.

The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

h.

A form petition which the owner may file in person or by mail with the 45B district court which requests a hearing on the action by the department of public safety.

i.

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(4)

Enter the information described in subsection (e)(3) of this section on a website maintained by the department for public use in locating vehicles that are removed under this section as abandoned. The department shall maintain the data on the website for one year or until the vehicle is disposed of under this act, whichever occurs first.

(f)

The owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. The request for a hearing shall be made by filing a petition with the district court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to Public Act No. 300 of 1949 (MCL 257.252e, 257.252f). An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to $40.00 plus the accrued towing and storage fees with the court. If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to obtain release of the vehicle shall be used to pay the towing and storage fees. The owner of a vehicle who requests a hearing may obtain a release of a vehicle by paying a fee of $40.00 to the court and the accrued towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(g)

If the owner does not request a hearing, he may obtain the release of the vehicle by paying a fee of $40.00 and the accrued towing and storage fees to the custodian of the vehicle. The custodian of the vehicle shall forward $25.00 of the fee to the secretary of state within 30 days after receipt in a manner prescribed by the secretary of state.

(h)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying a $40.00 fee plus the accrued charges to the custodian of the vehicle. The custodian of the vehicle shall forward $25.00 of the fee to the secretary of state.

(i)

If a vehicle has remained on private property without the consent of the property owner, the owner of the private property may have the vehicle taken into custody as an abandoned vehicle by contacting a local towing agency.

(j)

Before removing the vehicle from private property, the towing agency shall notify a police agency having jurisdiction over the vehicle that the vehicle is being removed. The police agency shall determine if the vehicle has been reported stolen and have the vehicle entered into the law enforcement information network as an abandoned vehicle.

(k)

Within 24 hours after taking the abandoned vehicle into custody, the police agency shall notify the secretary of state through the law enforcement information network that the vehicle has been taken into custody as abandoned. Each notification shall contain the following information:

(1)

The year, make, and vehicle identification number of the vehicle if available.

(2)

The address or approximate location from which the vehicle was taken into custody.

(3)

The date on which the vehicle was taken into custody.

(4)

The name and address of the police agency that had the vehicle taken into custody.

(5)

The name and business address of the custodian of the vehicle.

(6)

The name of the court that has jurisdiction over the case.

(l)

Within seven days after being notified under subsection (k) of this section, the secretary of state shall do both of the following:

(1)

Send to the owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle is considered abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:

a.

The year, make, and vehicle identification number of the vehicle if available.

b.

The location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name of the towing agency that had the vehicle taken into custody.

e.

The business address of the custodian of the vehicle.

f.

The procedure to redeem the vehicle.

g.

The procedure to contest the fact that the vehicle is considered abandoned or the reasonableness of the towing fees and daily storage fees.

h.

A form petition that the owner may file in person or by mail with the specified court that requests a hearing on the custodian's action.

i.

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(2)

Enter the information described in subsection (l)(1) of this section on a website maintained by the department for public use in locating vehicles that are removed under this section as abandoned.

(m)

The owner may contest the fact that the vehicle is abandoned or, unless the towing fees and daily storage fees are established by contract with the local governmental unit or local law enforcement agency and comply with section 252i of the Michigan Vehicle Code (MCL 257.252i), the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted under section 252f of the Michigan Vehicle Code (MCL 257.252f). An owner who requests a hearing may obtain release of the vehicle by posting with the court a towing and storage bond in an amount equal to $40.00 plus the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying a fee of $40.00 to the court plus the towing and storage fees instead of posting the towing and storage bond.

(n)

If the owner does not request a hearing, he may obtain the release of the vehicle by paying a fee of $40.00 plus the accrued charges to the custodian of the vehicle. The custodian shall forward $25.00 of the fee collected under this subsection to the secretary of state within 30 days after receipt in a manner prescribed by the secretary of state.

(o)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying a fee of $40.00 and the accrued towing and storage fees to the custodian of the vehicle. The custodian shall forward $25.00 of the fee collected under this subsection to the secretary of state within 30 days after receipt in a manner prescribed by the secretary of state.

(p)

Not less than 20 days after the disposition of the hearing described in subsection (f) of this section or, if a hearing is not requested, not less than 20 days after the date of the notice, the department of public safety if the abandoned vehicle is found on public property, or the custodian of the vehicle if the vehicle is found on private property, shall offer the vehicle for sale at a public sale under section 36-856.

(Code 1988, § 10.852; Ord. No. 434, § 1, 8-15-2000; Amd. of 6-11-2008, § 36-852)