§ 54-181. Vehicle possession and release; disposal of unclaimed vehicles.

(a)

Except as may otherwise be provided by law or by order of the hearing officer, no registered owner, lessee, lien holder of record, or other person shall be legally entitled to take possession of a seized and impounded motor vehicle until the bond, administrative fee or towing and storage fees have been paid.

(b)

The foregoing notwithstanding, whenever a lien holder has commenced foreclosure or repossession proceedings, possession of the motor vehicle shall be given to that person if the lien holder of record agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts necessary to satisfy all other lien holders.

(c)

If the motor vehicle is not retrieved from the towing facility or storage facility within 35 days after the hearing officer issues a written decision or if the administrative fee and applicable towing and storage fees are not paid within 30 days after the expiration of time in which judicial review of the hearing officer's determination may be sought, or if judicial review is taken, within 30 days after the hearing officer's determination is affirmed by the court, whichever is applicable, the motor vehicle shall be deemed abandoned and disposed of in accordance with state law.

(Ord. No. 2011-42, § 2(18-319), 8-8-2011)