§ 39-12.1-4 - Notice and processing of abandoned and unclaimed motor vehicles by certificated tower.
SECTION 39-12.1-4
§ 39-12.1-4 Notice and processing ofabandoned and unclaimed motor vehicles by certificated tower. – (a) A certified tower removing an abandoned or unattended vehicle shall notifywithin two (2) hours thereof, the police department of the city or town fromwhich the vehicle is towed, and shall provide:
(1) The year, make, model and serial number of the vehicle.
(2) The name, address and telephone number of thecertificated tower.
(3) The street address or location from which the vehicle wastowed.
(b) A certificated tower removing an abandoned or unattendedvehicle shall notify within fourteen (14) days thereof, by registered mail,return receipt requested, the last known registered owner of the vehicle andall lienholders of record at the address shown in the records of theappropriate registry in the state in which the vehicle is registered that thevehicle has been taken into custody. The notice shall be substantially in theform provided in § 39-12.1-13 and shall describe:
(1) The year, make, model and serial number of the vehicle.
(2) The name, address and telephone number of thecertificated tower.
(3) That the vehicle is in the possession of thatcertificated tower.
(4) That recovery, towing, and storage charges are accruingas a legal liability of the registered and/or legal owner.
(5) That the certificated tower claims a possessory lien forall recovery, towing, and storage charges.
(6) That the registered and/or legal owner may retakepossession at any time during business hours by appearing, proving ownership,and paying all charges due the certificated tower pursuant to its publishedtariff.
(7) That should the registered and/or legal owner considerthat the original taking was improper or not legally justified, he or she has aright to file an administrative complaint pursuant to chapter 12 of this titleto contest the original taking.
(8) That if no claim is filed and the vehicle is not claimedand possession retaken or arranged for within thirty (30) days of the mailingof the notice, the lien will be foreclosed and the vehicle will be sold atpublic auction.
(9) That the proceeds of the sale shall be first applied torecovery, towing, and storage charges with and excess proceeds being depositedas provided in accordance with § 39-12.1-9(d)(3).
(10) That any recovery, towing, and storage charges in excessof the sale proceeds shall remain as a civil obligation of the registeredand/or legal owner.
(c) If the identity of the last registered owner cannot bedetermined from the records of the appropriate registry in the state in whichthe vehicle is registered, or if the registration contains no address for theownership or if it is impossible to determine with reasonable certainty theidentity and addresses of all lienholders, notice by one publication in onenewspaper of general circulation in the area where the vehicle was abandoned orleft unattended shall be sufficient to meet all requirements of notice pursuantto this chapter. A notice by publication may contain multiple listings ofabandoned or unattended vehicles. Any notice by publication shall be within thetime requirements prescribed for notice by registered mail and shall have thesame contents required for a notice by registered mail.