39-26 Abandoned Motor Vehicles

Statutes > North Dakota Statutes > Chapter 39 Motor Vehicles > 39-26 Abandoned Motor Vehicles

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CHAPTER 39-26ABANDONED MOTOR VEHICLES39-26-01.Statement of legislative intent concerning abandoned motor vehicles.Abandoned motor vehicles constitute a hazard to the health and welfare of the people of the state in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned motor vehicles and other scrap metals also constitute a blight on the landscape of the state and therefore a detriment to the environment. The abandonment and retirement of motor vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is therefore in the public interest and the intent of the legislative assembly that the present accumulation of abandoned motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned motor vehicles and other forms of scrap metal be developed.39-26-02. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Abandoned motor vehicle" means a motor vehicle, as defined in section 39-01-01, that has remained for a period of more than forty-eight hours on public property illegally or lacking vital component parts, or has remained for a period of more than forty-eight hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial potential further use consistent with its usual functions unless it is kept in an enclosed garage or storage building. It also means a motor vehicle voluntarily surrendered by its owner to a person duly licensed under section 39-26-10.An antique automobile, asdefined in section 39-04-10.4, and other motor vehicles to include parts car and special interest vehicles, may not be considered an abandoned motor vehicle within the meaning of this chapter.2."Collector" means the owner of one or more special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest vehicles or parts thereof for the person's own use in order to restore, preserve, and maintain a special interest vehicle or antique vehicle.3."Department" means the state department of health.4."Parts car" means a motor vehicle generally in nonoperable condition which is owned by the collector to furnish parts to restore, preserve, and maintain a special interest vehicle or antique vehicle.5."Special interest vehicle" means a motor vehicle which is at least twenty years old and which has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists.6."Unit of government" includes a state department or agency, a county, city, township, or other political subdivision.7."Vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels.39-26-03. Penalty for abandoning a motor vehicle.Any person who abandons amotor vehicle on any public or private property, without the consent of the person in control of such property, is guilty of a class A misdemeanor.Page No. 139-26-04. Custody of abandoned vehicle. Units of government may take into custodyand impound any abandoned motor vehicle.39-26-05. Conditions under which an abandoned vehicle may be sold immediately.When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in North Dakota or any other state or foreign country, it is immediately eligible for disposition and must be disposed of to a scrap iron processor licensed under section 39-26-10, and is not subject to the notification, reclamation, or title provisions of this chapter. Any license plate displayed on an abandoned vehicle must be removed and destroyed prior to the purchaser taking possession of the vehicle.39-26-06. Notice to owner of abandoned vehicle.1.When an abandoned motor vehicle does not fall within the provisions of section 39-26-05, the unit of government taking it into custody shall give notice of the taking within ten days. The notice must set forth the date and place of the taking, the year, make, model, and serial number of the abandoned motor vehicle and the place where the vehicle is being held, must inform the owner and any lienholders or secured parties of their right to reclaim the vehicle under section 39-26-07, and must state that failure of the owner or lienholders or secured parties to exercise their right to reclaim the vehicle is deemed a waiver by them of all right, title, and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to section 39-26-08.2.The notice must be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders or secured parties of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice must be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned.Published notices may be grouped together for convenience andeconomy.39-26-07. Right of owner to reclaim abandoned vehicle.1.The owner, secured parties, or any lienholder of an abandoned motor vehicle has a right to reclaim such vehicle from the unit of government taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within fifteen days after the date of the notice required by section 39-26-06.2.Nothing in this chapter may be construed to impair any lien of a garagekeeper under the laws of this state or the right of a lienholder or secured parties to foreclose. For the purposes of this section, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles.39-26-08. Public sale - Disposition of proceeds.1.An abandoned motor vehicle not more than seven model years of age taken into custody and not reclaimed under section 39-26-07 must be sold to the highest bidder at public auction or sale, following reasonable published notice thereof. The purchaser must be given a receipt in a form prescribed by the department which shall be sufficient title to dispose of the vehicle.The receipt also entitles thepurchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership.The license plates displayed on an abandonedvehicle must be removed and destroyed prior to the purchaser taking possession of the vehicle.2.From the proceeds of the sale of an abandoned motor vehicle, the unit of government shall reimburse itself for the cost of towing, preserving, and storing thePage No. 2vehicle, and all notice and publication costs incurred pursuant to this chapter. Any remainder from the proceeds of a sale must be held for the owner of the vehicle or entitled lienholder or secured parties for ninety days and then must be deposited in the state treasury as provided in section 1 of article IX of the Constitution of North Dakota and credited to the permanent school fund.39-26-09.Disposal of vehicles not sold.When no bid has been received for anabandoned motor vehicle, the unit of government may dispose of it pursuant to contract under section 39-26-10.39-26-10.Contracts for disposal - Issuance of licenses by state department ofhealth - Reimbursement of units of government for costs.1.A unit of government may contract with any qualified licensed scrap iron processor for collection, storage, incineration, volume reduction, transportation, or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal. Such contract may authorize the contracting scrap iron processor to pay to the owner of any abandoned motor vehicle an incentive payment for such vehicle if it is voluntarily surrendered and delivered to the scrap iron processor. For the purposes of this section, an owner of an abandoned motor vehicle includes only a person who has owned and operated the vehicle for the person's personal or business use.2.The department may issue a license to any qualified scrap iron processor desiring to participate in such a contract who meets the requirements for solid waste disposers established by the department.3.When a unit of government enters into a contract with a scrap iron processor duly licensed by the department, the department may review the contract to determine whether it conforms to the department's plan for solid waste disposal. A contract that does so conform may be approved by the department. When a contract has been approved, the department may reimburse the unit of government for the costs incurred under the contract, including incentive payments authorized and made under the contract, subject to the limitations of legislative appropriations.4.The department may demand that a unit of government contract for the disposal of abandoned motor vehicles and other scrap metal pursuant to the department's plan for solid waste disposal. When the unit of government fails to so contract within one hundred eighty days of the demand, the department, on behalf of such unit of government, may contract with any scrap iron processor duly licensed by the department for such disposal.39-26-11. Abandoned motor vehicle disposal fund. There is hereby established inthe state treasury a special fund which must be known as the abandoned motor vehicle disposal fund. All moneys derived from the investment of the fund are to be credited to the fund.39-26-12. Tax on initial motor vehicle certificates of title. There is hereby imposed atax of one dollar and fifty cents on each initial North Dakota certificate of title issued to a passenger motor vehicle or a truck motor vehicle. The proceeds of such tax must be paid into the abandoned motor vehicle disposal fund in the state treasury. No registration plates or title certificate may be issued unless such tax is paid.Expenses of the fund arising from theprovisions of this chapter must be paid from the fund within the limits of legislative appropriation. If on the first day of July in any year the amount of uncommitted money in the abandoned motor vehicle disposal fund is two hundred fifty thousand dollars or more, the amount in excess of two hundred fifty thousand dollars must be transferred to the highway fund.39-26-13.Storage of vehicles by collector - Limitations.A collector may storeunlicensed, operable or inoperable, vehicles and parts cars on the collector's property provided the vehicles and parts cars and the outdoor storage area are maintained in such a manner thatPage No. 3they do not constitute a health hazard and are screened from ordinary public view by means of a fence, trees, shrubbery, or other appropriate means.Page No. 4Document Outlinechapter 39-26 abandoned motor vehicles

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39-26 Abandoned Motor Vehicles