§ 82-44. Disposal of unclaimed motor vehicles.

(a)

At any time prior to the sale of impounded motor vehicles as provided in this article, any person establishing his ownership or right of possession to such vehicle may reclaim and obtain possession of the vehicle by paying to the chief of police a reasonable sum for the storage and towing and other expenses incident to the care to the vehicle. Any such motor vehicle shall be retained in storage for a period of at least 14 days after certified mail notice has been sent to the owner and lienholders of record to permit reclamation of the vehicle after payment of accrued charges pursuant to the provisions of Wis. Stats. § 342.40(3)(c). If after due and reasonable search no evidence of ownership or lienholders appears, the vehicle may be disposed of pursuant to the provisions of this section, providing for a 30-day storage period. Thereafter, upon receipt of notice from the chief of police, the village board may sell the vehicle at public auction. Notice of such sale shall be published in a daily newspaper having a general circulation in the village once a week for three consecutive weeks; but the same notice may include one or more motor vehicles. At such sale, the highest bid in cash for any such motor vehicle shall be accepted unless the bid is, in the judgment of the village board, inadequate; in which event all bids may be rejected. In case all bids are rejected or no bid at all is received, the village board may, in its discretion, either readvertise the sale or adjourn the sale to a definite date each time, or sell the motor vehicle at a private sale, or junk the vehicle. After deducting the reasonable and necessary expenses incident to the care and sale of any motor vehicle, the balance of the proceeds shall be paid to the village treasurer and credited to the general village fund.

(b)

The sale of a motor vehicle under the provisions of this section shall forever bar all prior claims to and interest in the vehicle except as provided in subsection (c) of this section.

(c)

At any time within two years after the sale of a motor vehicle, any person claiming ownership of such motor vehicle or a financial interest in the vehicle may present a claim to the village board setting forth such facts as are necessary to establish such ownership or interest. If the village board is satisfied as to the justice of such claim, it may allow the claim; but in no case shall the amount allowed exceed the sum paid into the village treasury as the result of the sale of such motor vehicle nor the amount of the interest of the claimant.

(Code 1980, § 3.21(5))