§ 23.1-15-05 — Notice to owner and law enforcement of abandoned vehicle

1. When an abandoned motor vehicle does not fall within the provisions of section
23.1-15-04, the unit of government or commercial towing service taking it into custody
shall give notice of the taking within ten days or within ten days after communications
from the owner, lienholder, or identifiable secured parties of the abandoned motor
vehicle have ceased. 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
identifiable secured parties of their right to reclaim the vehicle under section
23.1-15-06, must state that failure of the owner, lienholders, or identifiable secured
parties to exercise their right to reclaim the vehicle within thirty days is deemed a
waiver by the owner, lienholders, or secured parties of all right, title, and interest in the
vehicle and a consent to the disposal of the vehicle pursuant to section 23.1-15-07,
and must state the end date of the thirty-day period during which the owner may
reclaim the abandoned motor vehicle.
2. The notice must be sent by certified mail, return receipt requested, 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 or placed on the official website for the unit of government that
initiated the impound process from public property. When posted on a website, the
notice must be placed in a designated area on the official website for a minimum of
thirty days and must include the information in subsection 1. Published notices may be
grouped together for convenience and economy. Failure of the owner, lienholders, or
secured parties to exercise the right to reclaim the abandoned motor vehicle by the
end of the public notice period is deemed a waiver by the owner, lienholders, or
secured parties of all right, title, and interests in the vehicle and a consent to the
disposal of the vehicle pursuant to section 23.1-15-07.
3. Subject to section 23.1-15-04, a commercial towing service that takes an abandoned
motor vehicle into custody shall provide notice to the law enforcement agency having
jurisdiction in the location from which the motor vehicle was towed within twelve hours
after completing the tow.
4. Notice under subsection 3 must include:
a. The license plate number and state of registration;
b. The location from which the abandoned motor vehicle was towed;
c. The location to which the abandoned motor vehicle was towed;
d. The name, address, and telephone number of the commercial towing service that
towed and is storing the abandoned motor vehicle; and
e. A description of the abandoned motor vehicle, including make, model, year, and
color.
5. A commercial towing service that violates subsection 3 may not collect a storage fee
under section 23.1-15-06 and shall return the motor vehicle to the registered owner at
no cost to the owner, lienholder, or identifiable secured party.