§ 36-854. Abandoned scrap vehicles.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Registered abandoned scrap vehicle means a vehicle which meets all of the following requirements:

(1)

Is on public or private property.

(2)

Is seven or more years old.

(3)

Is apparently inoperable, or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 683 of the Michigan Vehicle Code (MCL 257.683) would exceed the fair market value of that vehicle.

(4)

Is currently registered in the state or displays current year registration plates from another state.

Unregistered abandoned scrap vehicle means a vehicle which meets all of the following requirements:

(1)

Is on public or private property.

(2)

Is seven or more years old.

(3)

Is apparently inoperable, or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 683 of the state vehicle code would exceed the fair market value of that vehicle.

(4)

Is not currently registered in this state and does not display current year registration plates from another state.

(b)

Authority to place unregistered vehicle into custody. The department of public safety or, if the vehicle is on private property, the property owner may have an unregistered abandoned scrap vehicle taken into custody, in which case the department shall do all of the following:

(1)

Determine if the vehicle has been reported stolen.

(2)

Take two photographs of the vehicle.

(3)

Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:

a.

The year, make and vehicle identification number if available.

b.

The date of abandonment.

c.

The location of abandonment.

d.

A detailed listing of the damage or the missing equipment.

e.

The reporting officer's name and title.

f.

The location where the vehicle is being held.

(4)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(c)

Release of vehicle; issuance of certificate of title or scrapping. Within 24 hours, excluding Saturday, Sunday and legal holidays, after taking the vehicle into custody, the department of public safety shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of the title or a certificate of scrapping. Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or a certificate of scrapping.

(d)

Release certification of department of public safety compliance. The release form described in subsection (c) of this section shall be furnished by the secretary of state and shall include a certification executed by the department of public safety when the abandoned scrap vehicle is released. The certification shall state that the department of public safety has complied with all the requirements of subsections (b)(2) and (b)(3) of this section.

(e)

Maintenance of records. The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to subsection (b)(2) of this section shall be retained by the department of public safety for not less than two years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.

(f)

Authority to place registered vehicle into custody. The department of public safety or, if the vehicle is on private property, the property owner may have a registered abandoned scrap vehicle taken into custody, in which case the department of public safety or the towing service shall do all of the following:

(1)

Determine if the vehicle has been stolen.

(2)

Take two photographs of the vehicle.

(3)

Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:

a.

The year, make and vehicle identification number if available.

b.

The date of abandonment.

c.

The location of abandonment.

d.

A detailed listing of the damage or the missing equipment.

e.

The reporting individual's name and title.

f.

The location where the vehicle is being held.

(4)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(g)

Abandoned vehicle notice. Within seven days after taking the vehicle into custody, the secretary of state shall send to the last titled 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:

(1)

The year, make and vehicle identification number if available.

(2)

The 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 which had the vehicle taken into custody. If the vehicle was towed from private property, the notice shall contain the name and address of the custodian of the vehicle.

(5)

The business address of the custodian of the vehicle.

(6)

The procedure to redeem the vehicle.

(7)

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

(8)

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.

(9)

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 termination of all rights of the owner and the secured party to the vehicle.

(10)

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

(h)

Contesting abandonment status or towing and storage fees; hearing; posting bond. The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle is abandoned or 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 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 equal to the $40.00 plus the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying $40.00 plus the towing and storage fees instead of posting the towing and storage bond.

(i)

Payment and collection of fee and charges to redeem vehicle by customer. 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.

(j)

Payment and collection of fee and charges to redeem vehicle by secured party. 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 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.

(k)

Procedures to be followed less than 20 days after hearing or notification. Not less than 20 days after the disposition of the hearing described in subsection (h) of this section or, if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (g) of this section, the police agency shall follow the procedures established in subsections (c) through (e) of this section.

(Code 1988, § 10.862; Ord. No. 434, § 1, 8-15-2000; Amd. of 6-11-2008, § 36-854)