ORDINANCE NO. 060228

 

Amending Chapters 70, Code of Ordinances, by repealing Section 70-644, Procedure for disposal of impounded property, and enacting in lieu thereof a new section of like number and subject matter modifying procedures for unclaimed vehicle auctions.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 70-644, Procedure for disposal of impounded property, and enacting a new section, to read as follows:

 

Sec. 70-644. Procedure for disposal of impounded property.

 

(a)  The director of neighborhood and community services is authorized to sell at public auction personal property including any vehicle, not on hold by the police department, which has been impounded under the provisions of this article and held for a period of not less than 30 days and not redeemed by its owner, and in the case of a vehicle, subject to the notification requirements set forth in RSMo 304.156.1, provided that a vehicle may be sold immediately and without the notification pursuant to RSMo 304.156.1 if the owner has signed a release authorizing immediate sale.

 

(b)  With respect to any vehicle with a fair market value less than the tow fees pending against the vehicle, in addition to the procedures set forth in subparagraph (a) of this section, the director of neighborhood and community services may dispose of such vehicle under the following procedures:

 

(1) The city shall determine the fair market value of the vehicle based upon the make, model, age, condition and mileage of the vehicle. Recognized and authoritative industry references for determining value of vehicles may also be used to determine the fair market value.

 

(2) The director of neighborhood and community services may enter into a contract, subject to the city's bidding requirements, for the purchase of such vehicles from the city on a unit cost basis during a term not to exceed one year. The contract shall specify the purchase price of the vehicles on a unit cost basis, the time for removal of the vehicles, the time for contractor payments to the city and such other terms and conditions as the director shall determine.

 

(c) If the vehicle is older than six years and more than fifty percent damaged by collision, fire, or decay, and has a fair market value of less than two hundred dollars as determined by using any nationally recognized appraisal book or method, it must be held no less than ten days after the notice is sent pursuant to this subsection before being sold to a licensed salvage or scrap business.

 

(d)  The director of finance shall review and approve procedures utilized for the sale. The towing and storage fees assessed against a vehicle and costs associated with selling the vehicle shall be deducted from the proceeds of the sale. The balance remaining, if any, shall be made available to the owner as provided in section 70-646.

 

(e) If a vehicle purchased at an auction is later found to be stripped and abandoned, or is found on private property in violation of the nuisance code or salvage yard code, the person or business that purchased the vehicle will be permanently banned from participating in future auctions of unclaimed vehicles.

 

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Approved as to form and legality:

 

 

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Salmon B. Mumma

Assistant City Attorney