40-11-1.
[
Index ]
As used in this article,
the term:
(1) 'Abandoned motor vehicle' means a motor
vehicle or trailer:
(A) Which has been left by the
owner or some person acting for the owner with an automobile dealer, repairman,
or wrecker service for repair or for some other reason and has not been called
for by such owner or other person within a period of 30 days after the time
agreed upon; or within 30 days after such vehicle is turned over to such dealer,
repairman, or wrecker service when no time is agreed upon; or within 30 days
after the completion of necessary repairs;
(B) Which
is left unattended on a public street, road, or highway or other public property
for a period of at least five days and when it reasonably appears to a law
enforcement officer that the individual who left such motor vehicle unattended
does not intend to return and remove such motor vehicle. However, on the state
highway system, any law enforcement officer or employee of the Department of
Motor Vehicle Safety to whom enforcement authority has been designated pursuant
to Code Section 40-40-4 may authorize the immediate removal of vehicles posing a
threat to public health or safety or to mitigate congestion;
(C) Which has been lawfully towed onto the property
of another at the request of a law enforcement officer and left there for a
period of not less than 30 days without anyone having paid all reasonable
current charges for such towing and storage;
(D)
Which has been lawfully towed onto the property of another at the request of a
property owner on whose property the vehicle was abandoned and left there for a
period of not less than 30 days without anyone having paid all reasonable
current charges for such towing and storage; or
(E)
Which has been left unattended on private property for a period of not less than
30 days.
(2) 'Motor vehicle' or 'vehicle' means motor
vehicle or trailer.
(3) 'Owner' or 'owners' means the
registered owner, the owner as recorded on the title, lessor, lessee, security
interest holders, and all lienholders as shown on the records of the Department
of Motor Vehicle Safety.
40-11-2.
[
Index ]
(a) Any person who removes a motor vehicle from
public property at the request of a law enforcement officer or stores such
vehicle shall, if the owner of the vehicle or some person acting for the owner
is not present, seek the identity of and address of all known owners of such
vehicle from the law enforcement officer requesting removal of such, from such
officer´s agency, or from a local law enforcement agency for the
jurisdiction in which the remover´s or storer´s place of business is
located, within three business days of removal. The local law enforcement
agency shall furnish such information to the person removing such vehicle within
three business days after receipt of such request.
(b)
Any person who removes a motor vehicle from private property at the request of
the property owner or stores such vehicle shall, if the owner of the vehicle or
some person acting for the owner is not present, notify in writing a local law
enforcement agency of the location of the vehicle, the manufacturer´s
vehicle identification number, license number, model, year, and make of the
vehicle within three business days of the removal of such vehicle and shall seek
from the local law enforcement agency the identity and address of all known
owners of such vehicle, and any information indicating that such vehicle is a
stolen motor vehicle. The local law enforcement agency shall furnish such
information to the person removing such vehicle within three business days after
receipt of such request.
(c) If any motor vehicle
removed under conditions set forth in subsection (a) or (b) of this Code section
is determined to be a stolen motor vehicle, the local law enforcement officer or
agency shall notify the Georgia Crime Information Center of the location of such
motor vehicle within 72 hours after receiving notice that such motor vehicle is
a stolen vehicle.
(d) If any motor vehicle removed
under conditions set forth in subsection (a) or (b) of this Code section is
determined not to be a stolen vehicle or is not a vehicle being repaired by a
repair facility or is not being stored by an insurance company providing
insurance to cover damages to the vehicle, the person removing or storing such
motor vehicle shall, within seven calendar days of the day such motor vehicle
was removed or one business day after the information is furnished to the
remover or storer pursuant to subsection (a) or (b) of this Code section,
whichever is later, notify all owners, if known, by written acknowledgment
signed thereby or by certified or registered mail or statutory overnight
delivery, of the location of such motor vehicle, the fees connected with removal
and storage of such motor vehicle, and the fact that such motor vehicle will be
deemed abandoned under this chapter unless the owner, security interest holder,
or lienholder redeems such motor vehicle within 30 days of the day such vehicle
was removed.
(e) If none of the owners redeems such
motor vehicle as described in subsection (d) of this Code section, or if a
vehicle being repaired by a repair facility or being stored by an insurance
company providing insurance to cover damages to the vehicle becomes abandoned,
the person removing or storing such motor vehicle shall, within seven calendar
days of the day such vehicle became an abandoned motor vehicle, give notice in
writing, by sworn statement, on the form prescribed by the commissioner, to the
Department of Motor Vehicle Safety with a research fee of $2.00 payable to the
Department of Motor Vehicle Safety, stating the manufacturer´s vehicle
identification number, the license number, the fact that such vehicle is an
abandoned motor vehicle, the model, year, and make of the vehicle, the date the
vehicle became an abandoned motor vehicle, the date the vehicle was removed, and
the present location of such vehicle and requesting the name and address of all
owners of such vehicle. If the form submitted is rejected because of inaccurate
or missing information, the person removing or storing the vehicle shall
resubmit, within seven calendar days of the date of the rejection, a corrected
notice form together with an additional research fee of $2.00 payable to the
Department of Motor Vehicle Safety. Each subsequent corrected notice, if
required, shall be submitted with an additional research fee of $2.00 payable to
the Department of Motor Vehicle Safety. If a person removing or storing the
vehicle has knowledge of facts which reasonably indicate that the vehicle is
registered or titled in a certain other state, such person shall check the motor
vehicle records of that other state in the attempt to ascertain the identity of
the owner of the vehicle. Research requests may be submitted and research fees
made payable to the office of the tax commissioner and deposited in the general
fund for the county in which the remover´s or storer´s place of
business is located in lieu of the Department of Motor Vehicle Safety, but in
like manner, if such office processes motor vehicle records of the Department of
Motor Vehicle Safety.
(f) Upon ascertaining the
owners of such motor vehicle, the person removing or storing such vehicle shall,
within five calendar days, by certified or registered mail or statutory
overnight delivery, notify all known owners of the vehicle of the location of
such vehicle and of the fact that such vehicle is deemed abandoned and shall be
disposed of if not redeemed.
(g) If the identity of
the owners of such motor vehicle cannot be ascertained, the person removing or
storing such vehicle shall place an advertisement in a newspaper of general
circulation in the county where such vehicle was obtained or, if there is no
newspaper in such county, shall post such advertisement at the county courthouse
in such place where other public notices are posted. Such advertisement shall
run in the newspaper once a week for two consecutive weeks or shall remain
posted at the courthouse for two consecutive weeks. The advertisement shall
contain a complete description of the motor vehicle, its license and
manufacturer´s vehicle identification numbers, the location from where such
vehicle was initially removed, the present location of such vehicle, and the
fact that such vehicle is deemed abandoned and shall be disposed of if not
redeemed.
(h) The Department of Motor Vehicle Safety
shall provide to the Georgia Crime Information Center all relevant information
from sworn statements described in subsection (e) of this Code section for a
determination of whether the vehicles removed have been entered into the
criminal justice information system as stolen vehicles. The results of the
determination shall be provided electronically to the Department of Motor
Vehicle Safety.
(i) Any person storing a vehicle
under the provisions of this Code section shall notify the Department of Motor
Vehicle Safety if the vehicle is recovered, is claimed by the owner, is
determined to be stolen, or for any reason is no longer an abandoned motor
vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor
vehicle is not in the files of the Department of Motor Vehicle Safety, the
department may require such other information or confirmation as it determines
is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and
information required by this Code section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as for a misdemeanor, shall not be
entitled to any storage fees, shall not be eligible to contract with or serve on
a rotation list providing wrecker services for this state or any political
subdivision thereof, and shall not be licensed by any municipal authority to
provide removal of improperly parked cars under Code Section 44-1-13.
(l) Any person who knowingly provides false or
misleading information when providing any notice or information as required by
this Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished as for a misdemeanor.
40-11-3.
[
Index ]
(a) Any peace officer who finds a motor vehicle which
has been left unattended on a public street, road, or highway or other public
property for a period of at least five days shall be authorized to cause such
motor vehicle to be removed to a garage or other place of safety, if such peace
officer reasonably believes that the person who left such motor vehicle
unattended does not intend to return and remove such motor vehicle.
(b) Any law enforcement officer or employee of the
Department of Motor Vehicle Safety to whom law enforcement authority has been
designated pursuant to Code Section 40-40-4 who finds a motor vehicle which has
been left unattended on the state highway system shall be authorized to cause
such motor vehicle to be removed immediately to a garage or other place of
safety when such motor vehicle poses a threat to public health or safety or to
mitigate congestion. Any peace officer who finds a motor vehicle which has been
left unattended on a public street, road, or highway or other public property,
other than the state highway system, shall be authorized immediately to cause
such motor vehicle to be removed immediately to a garage or other place of
safety when such motor vehicle poses a threat to public health or safety or to
mitigate congestion.
(c) Any peace officer who, under
this Code section, causes any motor vehicle to be removed to a garage or other
place of safety shall be liable for gross negligence only.
(d)(1) Any peace officer or the law enforcement
agency which causes a motor vehicle to be removed to a garage or other place of
safety or which is notified of the removal of a motor vehicle from private
property shall within 72 hours from the time of removal or notice and if the
owner is unknown attempt to determine vehicle ownership through official
inquiries to the Department of Motor Vehicle Safety vehicle registration and
vehicle title files. These inquiries shall be made from authorized criminal
justice information system network terminals.
(2) If
the name and address of the last known registered owner of the motor vehicle is
obtained from the Georgia Crime Information Center, the peace officer who causes
the motor vehicle to be removed shall, within three calendar days, make
available to the person removing such motor vehicle the name and address of the
last known registered owner of such motor vehicle, the owner of the motor
vehicle as recorded on the title of such vehicle, and all security interest
holders or lienholders. If such information is not available, the peace officer
shall, within three calendar days, notify the person removing or storing such
vehicle of such fact.
(3) Law enforcement agencies
shall make record entries in Georgia criminal justice information system files
through authorized criminal justice information system network terminals after
an unsuccessful attempt to obtain vehicle ownership information and shall remove
the record entries when ownership is determined.
40-11-3.1.
[
Index ]
(a) It shall
be the duty of any peace officer who discovers a motor vehicle which has been
left unattended on a public street, road, or highway or other public property to
immediately perform an unattended vehicle check on such motor vehicle, unless
there is displayed on such motor vehicle an unattended vehicle check card
indicating that another peace officer has already performed such an unattended
vehicle check. For purposes of this Code section, an unattended vehicle check
shall consist of such actions as are reasonably necessary to determine that the
unattended vehicle does not contain an injured or incapacitated person and to
determine that the unattended vehicle does not pose a threat to public health or
safety.
(b) A peace officer completing an unattended
vehicle check shall complete and attach to the vehicle an unattended vehicle
check card. Unattended vehicle check cards shall be in such form, and shall be
attached to vehicles in such manner, as may be specified by rule or regulation
of the Department of Public Safety; and to the extent that sufficient funds are
available to the department, the department may distribute such forms free of
charge to law enforcement agencies in this state. Unattended vehicle check cards
shall be serially numbered; shall be of a distinctive color and shape, so as to
be readily visible to passing motorists; and shall contain spaces for the
investigating police officer to indicate the location of the vehicle, the date
and time of the completion of the unattended vehicle check, and the name of such
peace officer´s law enforcement agency. A detachable stub, which shall be
filed with the investigating peace officer´s law enforcement agency, shall
bear the same serial number and shall contain the same information, together
with the identity of the investigating peace officer and the license plate
number and other pertinent identifying information relating to the abandoned
vehicle.
(c) Nothing in the Code section shall limit
the otherwise applicable authority of a peace officer to have an unattended
motor vehicle removed to a garage or other place of safety.
(d) It shall be unlawful for any person other than a
peace officer to attach a genuine or counterfeit unattended motor vehicle check
card to a motor vehicle; and any person convicted of violating this subsection
shall be guilty of a misdemeanor.
40-11-3.2.
[
Index ]
(a) It shall be unlawful for the owner or operator of
a paid private parking lot or paid private parking facility located within 500
feet of an establishment which serves alcoholic beverages for consumption on the
premises to remove, tow, or immobilize or cause to be removed, towed, or
immobilized a motor vehicle left in such lot or facility between midnight and
noon of the following day. Nothing in this Code section shall prohibit the
owner of such a parking lot or facility from charging a penalty not to exceed
$25.00 in excess of normal parking fees for vehicles which remain on the
property during such period without authorization. No owner or operator of such
a parking lot or facility shall be liable for any damages to any motor vehicle
remaining on the property during such period without authorization. Nothing in
this Code section shall prohibit a resident or a business owner from towing or
removing or causing to be towed or removed a motor vehicle left on private
property. For purposes of this subsection, the terms 'paid private parking lot'
and 'paid private parking facility' mean private parking lots where the owner or
operator of a motor vehicle pays a valuable consideration for the right to park
in such parking lot or parking facility.
(b) Any
person violating the provisions of subsection (a) of this Code section shall be
guilty of a misdemeanor.
40-11-4.
[
Index ]
(a) Any person who removes or stores any motor
vehicle which is or becomes an abandoned motor vehicle shall have a lien on such
vehicle for the reasonable fees connected with such removal or storage plus the
cost of any notification or advertisement. Such lien shall exist if the person
moving or storing such vehicle is in compliance with Code Section 40-11-2.
(b) The lien acquired under subsection (a) of this
Code section may be foreclosed in any court which is competent to hear civil
cases, including, but not limited to, magistrate courts. Liens shall be
foreclosed in magistrate courts only when the amount of the lien does not exceed
the jurisdictional limits established by law for such courts.
40-11-5.
[
Index ]
All liens
acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an
abandoned motor vehicle must be instituted within one year from the time the
lien is recorded or is asserted by retention;
(2) The
person desiring to foreclose a lien on an abandoned motor vehicle shall, by
certified or registered mail or statutory overnight delivery, make a demand upon
the owners for the payment of the reasonable fees for removal and storage plus
the costs of any notification or advertisement. Such written demand shall
include an itemized statement of all charges and may be made concurrent with the
notice required by subsection (f) of Code Section 40-11-2. Such demand shall be
made on a form prescribed by rule or regulation of the Department of Motor
Vehicle Safety and shall notify the owner of his or her right to a judicial
hearing to determine the validity of the lien. The demand shall further state
that failure to return the written demand to the lien claimant, file with a
court of competent jurisdiction a petition for a judicial hearing, and provide
the lien claimant with a copy of such petition, all within ten days of delivery
of the lien claimant´s written demand, shall effect a waiver of the
owner´s right to such a hearing prior to sale. The form shall also provide
the suspected owner with the option of disclaiming any ownership of the vehicle,
and his or her affidavit to that effect shall control over anything contrary in
the records of the Department of Motor Vehicle Safety. No such written demand
shall be required if the identity of the owner cannot be ascertained and the
notice requirements of subsection (g) of Code Section 40-11-2 have been complied
with;
(3)(A) If, within ten days of delivery to the
appropriate address of the written demand required by paragraph (2) of this Code
section, the owner of the abandoned motor vehicle fails to pay or file with the
court a petition for a judicial hearing with a copy to the lien claimant in
accordance with the notice provided pursuant to paragraph (2) of this Code
section, or if the owner of the abandoned motor vehicle cannot be ascertained,
the person removing or storing the abandoned motor vehicle may foreclose such
lien. The person asserting such lien may move to foreclose by making an
affidavit to a court of competent jurisdiction, on a form prescribed by rule or
regulation of the Department of Motor Vehicle Safety, showing all facts
necessary to constitute such lien and the amount claimed to be due. Such
affidavit shall aver that the notice requirements of Code Section 40-11-2 have
been complied with, and such affidavit shall also aver that a demand for payment
in accordance with paragraph (2) of this Code section has been made without
satisfaction or without a timely filing of a petition for a judicial hearing or
that the identity of the owner cannot be ascertained. The person foreclosing
shall verify the statement by oath or affirmation and shall affix his or her
signature thereto.
(B) Regardless of the court in
which the affidavit required by this paragraph is filed, the fee for filing such
affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;
(4) If no timely petition for a hearing has been
filed with a court of competent jurisdiction, then, upon such affidavit´s
being filed by the lien claimant pursuant to paragraph (3) of this Code section,
the lien will conclusively be deemed a valid one and foreclosure thereof
allowed;
(5) If a petition for a hearing is filed
with a court of competent jurisdiction within ten days after delivery of the
lien claimant´s demand, a copy of which demand shall be attached to the
petition, the court shall set such a hearing within ten days of filing of the
petition;
(6) Upon the filing of such petition by an
owner, neither the lien claimant nor the court may sell the motor vehicle,
although possession of the motor vehicle may be retained by the lien claimant or
obtained by the court in accordance with the order of the court which sets the
date for the hearing;
(7) If, after a full hearing,
the court finds that a valid debt exists, then the court shall authorize
foreclosure upon and sale of the motor vehicle subject to the lien to satisfy
the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person
asserting the lien in retaining possession of the motor vehicle were not taken
in good faith, then the court, in its discretion, may award damages to the
owner, any party which has been deprived of the rightful use of the vehicle, or
the lessee due to the deprivation of the use of the motor vehicle;
and
(9) If an affidavit meeting the requirements of
paragraph (3) of this Code section is filed and no petition for a hearing is
timely filed, or if, after a full hearing, the court determines that a valid
debt exists, the court shall issue an order authorizing the sale of such motor
vehicle. However, the holder of a security interest in or a lien on the
vehicle, other than the holder of a lien created by Code Section 40-11-4, shall
have the right, in the order of priority of such security interest or lien, to
pay the debt and court costs. If the holder of a security interest or lien does
so pay the debt and court costs, he or she shall have the right to possession of
the vehicle, and his or her security interest in or lien on such vehicle shall
be increased by the amount so paid. A court order shall be issued to this
effect, and in this instance there shall not be a sale of the
vehicle.
40-11-6.
[
Index ]
(a)
Upon order of the court, the person holding the lien on the abandoned motor
vehicle shall be authorized to sell such motor vehicle at public sale, as
defined by Code Section 11-1-201.
(b) After
satisfaction of the lien, the person selling such motor vehicle shall, not later
than 30 days after the date of such sale, provide the clerk of the court with a
copy of the bill of sale as provided to the purchaser and turn the remaining
proceeds of such sale, if any, over to the clerk of the court. Any person who
fails to comply with the requirements of this subsection shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as for a
misdemeanor.
40-11-7.
[
Index ]
The purchaser at a sale as authorized in this article
shall receive a certified copy of the court order authorizing such sale. Any
such purchaser may obtain a certificate of title to such motor vehicle by filing
the required application, paying the required fees, and filing a certified copy
of the order of the court with the Department of Motor Vehicle Safety. The
Department of Motor Vehicle Safety shall then issue a certificate of title,
which shall be free and clear of all liens and encumbrances.
40-11-8.
[
Index ]
The clerk of
the court shall retain the remaining balance of the proceeds of a sale under
Code Section 40-11-6, after satisfaction of liens, security interests, and
debts, for a period of 12 months; and, if no claim has been filed against such
proceeds by the owner of the abandoned motor vehicle or any interested party,
then he or she shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the
possession of the person creating the lien other than at the request of a peace
officer, the proceeds of the sale shall be divided equally and paid into the
general fund of the county in which the sale was made and into the general fund
of the municipality, if any, in which the sale was made;
(2) If the abandoned motor vehicle came into the
possession of the person creating the lien at the request of a police officer of
a municipality, the proceeds of the sale shall be paid into the general fund of
the municipality;
(3) If the abandoned motor vehicle
came into the possession of the person creating the lien at the request of a
county sheriff, deputy sheriff, or county police officer, the proceeds of the
sale shall be paid into the general fund of the county in which the sale was
made;
(4) If the abandoned motor vehicle came into
the possession of the person creating the lien at the request of a member of the
Georgia State Patrol or other employee of the State of Georgia, the proceeds of
the sale shall be paid into the general fund of the county in which the sale was
made.
40-11-9.
[
Index ]
(a) If a
motor vehicle has been left unattended on private property for not less than two
days or on public property for not less than three days without the owner or
driver making any attempt to recover such vehicle or to leave a conspicuously
placed note that such owner or driver intends to return for such vehicle; or, if
a conspicuous note was left, if the motor vehicle has been left unattended for
not less than five days and if because of damage, vandalism, theft, or fire the
vehicle is damaged to the extent that its restoration to an operable condition
would require the replacement of one or more major component parts or involves
any structural damage that would affect the safety of the vehicle; or if there
is evidence that the vehicle was inoperable due to major mechanical breakdown at
the time it was left on the property, such as the engine, transmission, or
wheels missing, no coolant in the cooling system, no oil in the engine, or
burned fluid in the transmission; or if the vehicle is seven or more years old;
or if the vehicle is not currently tagged or is not verifiable by the state as
to who is the current owner or lienholder of the vehicle; or if the vehicle has
been abandoned to a wrecker service by an insurance company and the owner
following the insurance company´s making a total loss payment, then any
person removing such vehicle shall within 72 hours of removing such vehicle
obtain the identity of and address of the last known registered owner of the
vehicle, the owner of the vehicle as recorded on the certificate of title of
such vehicle, and any security interest holder or lienholder on such vehicle
from the local law enforcement agency of the jurisdiction in which the vehicle
was located. If the law enforcement agency shows no information on the vehicle,
then a request for such information shall be sent to the Department of Motor
Vehicle Safety. Within 72 hours after obtaining such information, the person
removing such vehicle shall, by certified mail or statutory overnight delivery,
return receipt requested, notify the registered owner, title owner, and security
interest holder or lienholder of the vehicle that such vehicle will be declared
a derelict vehicle and the title to such vehicle will be canceled by the
Department of Motor Vehicle Safety if such person or persons fail to respond
within ten days of receipt of such notice. The commissioner of motor vehicle
safety shall prescribe the form and content of such notice. If the registered
owner, title owner, or security interest holder or lienholder fails to respond
within 30 days from the date of such notice by certified mail or statutory
overnight delivery, and if the vehicle is appraised as having a total value of
less than $300.00, the vehicle shall be considered to be a derelict vehicle. The
value of the vehicle shall be determined as 50 percent of the wholesale value of
a similar car in the rough section of the National Auto Research Black Book,
Georgia Edition, or if a similar vehicle is not listed in such book or,
regardless of the model year or book value of the vehicle, if the vehicle is
completely destroyed by fire, flood, or vandalism or is otherwise damaged to the
extent that restoration of the vehicle to a safe operable condition would
require replacement of more than 50 percent of its major component parts, the
person shall obtain an appraisal of the motor vehicle from the local law
enforcement agency´s auto theft section with jurisdiction in the county or
municipality where such vehicle is located. Any person removing a vehicle shall
complete a form, to be provided by the Department of Motor Vehicle Safety,
indicating that the vehicle meets at least four of the above-stated eight
conditions for being a derelict vehicle and shall file such form with the
Department of Motor Vehicle Safety and the law enforcement agency with
jurisdiction from which such vehicle was removed.
(b)
Upon determination that a vehicle is a derelict motor vehicle as provided in
subsection (a) of this Code section, it may be disposed of by sale to a person
who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle
may be sold for scrap or parts only and shall in no event be rebuilt or sold to
the general public. Any person disposing of a derelict motor vehicle shall,
prior to disposing of such vehicle, photograph such vehicle and retain with such
photograph the appraisal required in subsection (a) of this Code section and the
notice to the Department of Motor Vehicle Safety required in this subsection for
a period of three years after its disposition. Such person shall also notify the
Department of Motor Vehicle Safety of the disposition of such vehicle in such
manner as may be prescribed by the commissioner of motor vehicle safety. The
Department of Motor Vehicle Safety shall cancel the certificate of title for
such vehicle and shall not issue a rebuilt or salvage title for such vehicle.
(c) For purposes of this Code section, the term
'derelict vehicle' shall not include a vehicle which does not bear a
manufacturer´s vehicle identification number plate or a vehicle
identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict motor vehicle
on public or private property shall be guilty of a misdemeanor and upon
conviction shall be fined not more than $500.00 and shall pay all costs of
having such derelict motor vehicle removed, stored, and sold as provided for in
this Code section. Notwithstanding any other provision of law to the contrary,
such fines shall be disposed as follows:
(1) If the
abandoned motor vehicle was removed other than at the request of a peace
officer, the moneys arising from the fine shall be divided equally and paid into
the general fund of the county in which the offense was committed and into the
general fund of the municipality, if any, in which the offense was committed;
(2) If the abandoned motor vehicle was removed at the
request of a police officer of a municipality, the moneys arising from the fine
shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle was removed at the
request of a county sheriff, deputy sheriff, or county police officer, the
moneys arising from the fine shall be paid into the general fund of the county
in which the offense was committed; and
(4) If the
abandoned motor vehicle was removed at the request of a member of the Georgia
State Patrol or other employee of the State of Georgia, the moneys arising from
the fine shall be paid into the general fund of the county in which the offense
was committed.
(e) Any person removing a derelict
motor vehicle who fails to comply with the requirements of this Code section or
who knowingly provides false or misleading information when providing any notice
or information required by this Code section shall be guilty of a misdemeanor.
(f) Neither the State of Georgia nor any state agency
nor the person removing, storing, and processing the vehicle unless recklessly
or grossly negligent shall be liable to the owner of a vehicle declared to be a
derelict motor vehicle pursuant to this Code section or an abandoned motor
vehicle.
40-11-20.
[
Index ]
The
following items are declared to be contraband and are subject to forfeiture:
(1) Any motor vehicle the manufacturer´s vehicle
identification number of which has been removed, altered, defaced, falsified, or
destroyed; and
(2) Any component part of a motor
vehicle the manufacturer´s identification number of which has been removed,
altered, defaced, falsified, or destroyed.
40-11-21.
[
Index ]
Property
subject to forfeiture under Code Section 40-11-20 and in the possession of any
state or local law enforcement agency shall not be subject to replevin but is
deemed to be in the custody of the superior court of the county wherein the
property is located subject only to the orders and decrees of the court having
jurisdiction over the forfeiture proceedings.
40-11-22.
[
Index ]
The law
enforcement agency having possession of any property subject to forfeiture under
Code Section 40-11-20 shall report such fact, within ten days of taking
possession, to the district attorney of the judicial circuit having jurisdiction
in the county where the property is located. Within 30 days from the date he or
she receives such notice, the district attorney of the judicial circuit shall
file in the superior court of the county in which the property is located an
action for condemnation of the property. The proceedings shall be brought in the
name of the state, and the action shall be verified by a duly authorized agent
of the state in the manner required by law. The action shall describe the
property, state its location, state its present custodian, state the name of the
owner, if known, to the duly authorized agent of the state, allege the essential
elements which are claimed to exist, and shall conclude with a prayer of due
process to enforce the forfeiture. Upon the filing of such an action, the court
shall promptly cause process to issue to the present custodian in possession of
the property described in the action, commanding him or her to seize the
property described in the action and to hold that property for further order of
the court. A copy of the action shall be served on the owner, if known. If the
owner is known, a copy of the action shall also be served upon any person having
a duly recorded security interest in or lien upon that property. If the owner is
unknown or resides out of the state or departs the state or cannot after due
diligence be found within the state or conceals himself or herself so as to
avoid service, notice of the proceedings shall be published once a week for two
weeks in the newspaper in which the sheriff´s advertisements are published.
Such publication shall be deemed notice to any and all persons having an
interest in or right affected by such proceeding and from any sale of the
property resulting therefrom but shall not constitute notice to any person
having a duly recorded security interest in or lien upon such property and
required to be served under this Code section unless that person is unknown or
resides out of the state or departs the state or cannot after due diligence be
found within the state or conceals himself or herself to avoid service. At the
expiration of 30 days after such filing, if no claimant has appeared to defend
the action, the court shall order the disposition of the seized property as
provided for in this Code section. If the owner of the property appears and
defends the action and can show that he or she was unaware of the fact that the
identification number had been removed, altered, defaced, falsified, or
destroyed, the court shall order the property returned to the owner upon the
owner´s paying proper expenses relating to proceedings for forfeiture,
including the expenses of the maintenance of custody, advertising, and court
costs and upon the property´s being assigned a new identification number as
provided in this article.
40-11-23.
[
Index ]
Except as otherwise provided in this article, when
property is forfeited under this article, the court may:
(1) Order that the property be retained by the law
enforcement agency or the county in which the property is located;
or
(2) Order that the property be disposed of by sale,
the proceeds of which shall be used to pay the proper expenses relating to the
proceedings for forfeiture, including the expenses of maintenance of custody,
advertising, and court costs, with the remaining funds to be paid into the
general fund of the county.
40-11-24.
[
Index ]
Prior to the property´s being sold or returned to
the owner or otherwise disposed of, the Department of Motor Vehicle Safety shall
assign it a new identification number.