Sec. 4513.62. Unclaimed motor vehicles ordered into
storage | 16 |
pursuant to division (A)(1) of section 4513.60 or section
4513.61 | 17 |
of the Revised Code shall be disposed of at the order of
the | 18 |
sheriff of the county or the chief of police of the municipal | 19 |
corporation, township, or township police district to a motor | 20 |
vehicle salvage dealer or scrap metal processing facility as | 21 |
defined in section 4737.05 of the Revised Code, or to any other | 22 |
facility owned by or under contract with the county, municipal | 23 |
corporation, or township, for the disposal of such motor
vehicles, | 24 |
or shall be sold by the sheriff, chief of police, or
licensed | 25 |
auctioneer at public auction, after giving notice
thereof by | 26 |
advertisement, published once a week for two
successive weeks in a | 27 |
newspaper of general circulation in the
county. Any moneys | 28 |
accruing from the disposition of an unclaimed
motor vehicle that | 29 |
are in excess of the expenses resulting from
the removal and | 30 |
storage of the vehicle shall be credited to the
general fund of | 31 |
the county, the municipal corporation, or the
township, as the | 32 |
case may be. | 33 |
When a motor vehicle is disposed of under this section in any | 34 |
manner, the county, municipal corporation, township, or township | 35 |
police district shall send written notification to the vehicle | 36 |
owner not later than twenty-one days after the disposition | 37 |
informing the vehicle owner of that fact and of the amount that | 38 |
resulted from the disposition and the amount of the expenses paid | 39 |
from the proceeds of the disposition. | 40 |
Sec. 4513.621. (A) A private tow truck operator, towing | 41 |
company, or other person who is in possession of a motor vehicle | 42 |
that was left on a public street or other property open to the | 43 |
public for purposes of vehicular travel or upon or within the | 44 |
right-of-way of any public road or highway and that was ordered | 45 |
into storage pursuant to section 4513.61 of the Revised Code, and | 46 |
that has remained unclaimed by the owner for more than fourteen | 47 |
days, shall cause a search to be made of the records of the bureau | 48 |
of motor vehicles to ascertain the owner and any lienholder of the | 49 |
motor vehicle. If the operator, company, or other person is able | 50 |
to obtain this information from a sheriff or chief of police who | 51 |
obtained this information in accordance with section 4513.61 of | 52 |
the Revised Code, the operator, company, or other person is not | 53 |
required to cause the search described in this division to be | 54 |
made. The
operator,
company,
or other
person shall send a notice | 55 |
to the owner and any
lienholder of
record at
each person's last | 56 |
known address, by
certified mail with
return
receipt
requested. | 57 |
(3) Describe in detail the method by which the owner or | 64 |
lienholder may claim the vehicle, including all fees due for the | 65 |
removal and storage of the vehicle, the acceptable method of | 66 |
payment, the hours
during which the vehicle may be claimed, and | 67 |
the acceptable proof
of ownership or proof of a lien on the | 68 |
vehicle, as the case may be. Presentation of a certificate of | 69 |
title to the motor vehicle constitutes acceptable proof of | 70 |
ownership and proof of a lien on the vehicle may be established | 71 |
only by presentation of a written document that evidences the | 72 |
lien. | 73 |
(4) State that, in accordance with section 4513.622 of the | 79 |
Revised Code, the owner may not be eligible for the issuance of a | 80 |
certificate of registration for any motor vehicle owned or leased | 81 |
by the owner if the owner fails to pay the fees due for the | 82 |
removal or storage of the motor vehicle, plus, if applicable, the | 83 |
administrative fee described in this section. | 84 |
(D) If the owner or lienholder does not reclaim the vehicle | 89 |
in accordance with division (C) of this section, the operator, | 90 |
company, or other person may proceed under section 4513.622 of the | 91 |
Revised Code and request the small claims court to issue an order | 92 |
prohibiting the vehicle owner from registering, renewing, or | 93 |
transferring the registration of any vehicle. | 94 |
Sec. 4513.622. (A) If the owner of a motor vehicle that is
in | 95 |
the possession of a tow truck operator, towing company, or
other | 96 |
person for more than thirty days fails to secure the release of | 97 |
the motor vehicle as specified in section 4513.621 of the Revised | 98 |
Code, the operator, company, or other person may file a claim in | 99 |
the small claims division of the municipal court or county court | 100 |
that has jurisdiction over the location from which the vehicle | 101 |
originally was removed for the amount due the tow truck operator, | 102 |
towing company, or other person. The total amount that can be | 103 |
specified in the claim shall not exceed the amount of the towing | 104 |
fee based on the prevailing rates in the jurisdiction of the law | 105 |
enforcement entity that is involved plus the amount of the | 106 |
applicable daily storage fee normally charged by the operator, | 107 |
company, or other person multiplied by the number of days for | 108 |
which the vehicle has been stored by the operator, towing company, | 109 |
or other person, up to a maximum of thirty days, plus, if | 110 |
applicable, the administrative fee. | 111 |
The court shall schedule a hearing on the claim, and notice | 112 |
shall be given to all parties as in any other case. At the | 113 |
hearing, the operator, company, or other person shall submit to | 114 |
the court all relevant evidence, including proof of the various | 115 |
amounts that are claimed to be owed and proof that the notice | 116 |
described in section 4513.621 of the Revised Code was mailed. The | 117 |
court shall consider any testimony and evidence presented by the | 118 |
vehicle owner prior to rendering its decision. If the court finds | 119 |
in favor of the operator, company, or other person and, by a | 120 |
preponderance of the evidence, finds that the operator, company, | 121 |
or other person is in possession of the vehicle in question and is | 122 |
owed an amount consisting of towing and storage fees relative to | 123 |
that vehicle plus, if applicable, the administrative fee, and that | 124 |
the operator, company, or other person sent the notice as required | 125 |
by section 4513.261 of the Revised Code, the court shall issue a | 126 |
judgment in favor of the operator, company, or other person that | 127 |
establishes the total amount owed the operator, company, or other | 128 |
person and the repayment terms and conditions. If the vehicle | 129 |
owner fails to appear at the hearing or appears at the hearing but | 130 |
refuses to accept the repayment terms and conditions established | 131 |
by the court, the court shall issue an order prohibiting the | 132 |
vehicle owner from registering, renewing, or transferring the | 133 |
registration of any vehicle until all the applicable fees are | 134 |
paid. The order shall indicate the total amount of fees due. The | 135 |
court shall send a copy of this order to the registrar of motor | 136 |
vehicles in a form and manner as the registrar prescribes. | 137 |
(B) Except as provided in division (E) of this section, upon | 138 |
receipt of an order from a court issued under division (A) of this | 139 |
section, neither the
registrar nor
any deputy registrar shall | 140 |
accept any application
for the
registration, registration renewal, | 141 |
or transfer of
registration of
any motor vehicle owned or leased | 142 |
by the person
named in the
order unless the
order is rescinded by | 143 |
the court under division (D) of
this
section. | 144 |
(D) The owner of a vehicle named in an order issued under | 153 |
division (A) of this section may obtain a new order from the court | 154 |
rescinding the original order by paying to the tow truck operator, | 155 |
towing company, or other person who possesses the vehicle the | 156 |
amount of towing and storage fees plus, if applicable, the | 157 |
administrative fee specified in the original order. Upon | 158 |
presentation to the court of evidence of payment to the operator, | 159 |
company, or other person of that entire amount, the court shall | 160 |
issue a new order rescinding its original order and shall send a | 161 |
copy of the new order to the registrar. Upon receipt of the new | 162 |
order, the registrar may accept an application for
registration, | 163 |
registration renewal, or transfer of registration from the person | 164 |
named in the order. | 165 |