Sec. 804.1109. - Redemption before public sale.

If the City is to conduct the sale: (a) A holder of a recorded lien or retained title on a motor vehicle to be sold by the City under the provisions of Section 804.1108 may claim and take possession thereof, upon payment of accrued charges and estimated costs of publication of the notice of sale to the Sheriff and the deposit with the Sheriff's Office of sufficient assurance by surety bond or otherwise, approved by the Office of General Counsel, that the motor vehicle will be forthcoming for public sale thereof or upon claim of the rightful owner prior to the sale. The Sheriff shall, within three days, make a report to the Director of Finance and Administration and deliver the charges and costs so paid to the Tax Collector, taking a receipt therefor and filing it, together with a duplicate copy of the report to the Director of Finance and Administration, in the records of his office. The funds shall be held in a trust account until final disposition of the motor vehicle. Not less than five days before the date for sale of the motor vehicle, the Sheriff shall notify the lienholder or retained titleholder of the time and place for the sale and the lienholder or retained titleholder shall deliver the motor vehicle to the Sheriff at or before 12:00 noon of the day before the sale. At the sale the amount paid shall be credited on the bid of the lienholder or retained titleholder. If the lienholder or retained titleholder is the successful bidder for the motor vehicle, the Sheriff shall report this fact to the Director of Finance and Administration and the funds previously paid by the lienholder or retained titleholder shall be relieved of the trust previously impressed and become the same as other funds received by the City for storage and costs of impounded motor vehicles. If the motor vehicle is sold for a higher bid to a person other than the lienholder or retained titleholder, the Sheriff shall report this fact to the Director of Finance and Administration and the lienholder or retained titleholder shall be refunded the amount previously paid by him out of the trust account. (b) If the rightful owner of the motor vehicle claims it before the sale by payment of the accrued charges, the Sheriff shall immediately notify the lienholder or retained titleholder in possession of the motor vehicle and he shall return the motor vehicle to the Sheriff within 12 hours. The Sheriff shall report this redemption by the rightful owner to the Director of Finance and Administration and the lienholder or retained titleholder shall be refunded the amount previously paid by him out of the trust account. (Ord. 78-476-182, § 1; Ord. 83-591-400, § 1; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 312.1109.