Towing and impounding vehicles parked in violation of the law:

    A.    The following, together with or in addition to any other vehicles parked in violation of any ordinance of Vernal City or the laws of the state, are declared to be nuisances and it shall be unlawful to maintain such nuisances:

    1.    Any unattended vehicle stopped, standing or parked in violation of any of the provisions of this code;

    2.    A vehicle found upon the streets or alleys of this City with faulty or defective equipment;

    3.    Any vehicle left unattended where such vehicle constitutes an obstruction to traffic;

    4.    Any vehicle upon a street so disabled as to constitute an obstruction to traffic and the person(s) in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;

    5.    Any vehicle left unattended upon a street or alley and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;

    6.    Any vehicle left parked in the same place on any street or alley continuously for seventy-two (72) hours;

    7.    Any vehicle, the driver of which has been taken into custody by the Police Department under such circumstances as would leave such vehicle unattended in a street, alley or restricted parking area;

    8.    Any vehicle found being driven on the streets not in proper condition to be driven;

    9.    Any vehicle found so parked as to constitute a fire hazard or obstruction to firefighting apparatus; or

10.    Any vehicle involved in any crime for which no arrest has been made or any vehicle which is needed as evidence or any vehicle which a police officer has reason to believe contains evidence of a crime and that will flee the jurisdiction before a warrant can be obtained;

and the same may be summarily abated by removing any such vehicle by or under the direction or at the request of a police officer of Vernal City to a place of storage within the City by means of towing or otherwise.

    B.    As soon as is reasonable under the circumstances, a written notice that the vehicle has been impounded shall be mailed to the owner and recorded lien holder, if there be one, of the vehicles at their last known address as shown by the records of the Motor Vehicle Division of the Utah State Tax Commission. If the license plates on the vehicle are from another state, written notice shall be mailed to the Department of Motor Vehicles in the state, requesting such department to notify the registered owner of such vehicle that the same has been impounded by the Police Department of Vernal City, and that the same will be sold at public auction as is provided by the ordinances of Vernal City if not claimed by the owner or his proper representative as provided by the City ordinances.

    C.    Before the owner or his agent shall be permitted to remove a vehicle which has been impounded, he shall:

    1.    Furnish satisfactory evidence to the Police Department of his identity and his ownership of the vehicle.

    2.    Request and obtain from the Police Department a written order of release directed to the place of storage in which the vehicle is stored to the owner or his agent upon payment to the place of storage for towing and storage charges of the vehicle from the date of the impounding to the time of presenting the order of release from the Police Department therefor. The order need not be released by the department until all evidentiary value has been satisfied;

    3.    Sign a written receipt for the vehicle and deliver the same to the place of storage upon receiving the impounded vehicle;

    4.    Provide proof that the State Tax Commission has released the vehicle on state impoundments;

    D.    If, at the expiration of thirty (30) days after mailing the notice provided in subsection B of this section, such vehicle is not redeemed by the owner or his proper representa-tive, the Chief of Police or his authorized agent shall proceed to sell the same at public auction to the highest bidder after first giving at least ten (10) days' notice of the sale by publishing the notice at least once in a newspaper published in Vernal City, stating the time and place of such sale. Such notice shall also describe the vehicle to be sold with reasonable certainty and shall state whom, if anyone, the records of the office of the Motor Vehicle Division of the Utah State Tax Commission indicate as legal owner. A copy of this notice as published shall immediately after publication be mailed to the owner of the place of storage. The money received by the Chief of Police or his authorized agency from the sale of such vehicle shall be applied first to the actual cost of towing and storage of such impounded vehicle, then to pay the cost of advertising the notice of sale in the amount of ten (10) dollars for each vehicle so impounded and the balance, if any, shall then be placed in the City Treasury of Vernal City to be used as hereinafter provided.

    E.    At any time within one (1) year from and after such sale the former owner of the vehicle sold, upon application to the City Council of Vernal City and upon presentation of the satisfactory proof that he was the owner of the vehicle sold shall be paid the proceeds of such sale, less the necessary expense thereof and less the towing, impound and storage charges provided in subsection D of this section.

    F.    The Police Department shall keep a record of all vehicles impounded by manufacturer's trade number or make, body type, serial and license number, the names and addresses of all persons claiming the same, the nature and circumstances of the impounding thereof, and the name and addresses of any person to whom any such vehicles are released.

    G.    The Police Department of Vernal City shall immediately impound in a proper place of storage in Vernal City all vehicles found within the City and that are improperly registered, stolen or bear defaced motor numbers, and shall within ninety-six (96) hours thereafter notify in writing the Motor Vehicle Division of the Utah Tax Commission of such impounding, setting forth in such notice the date found, the address where found, the make, registration number, and date and place where stored. (TC § 07-09-002)(Ord. No. 97-18, Amended, 11/19/97)