§ 110-533. Sale of vehicles seven years of age or newer; disposition.

(a)

When an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner, lienholder or other legally entitled persons for a period of 30 days after notice has been given as provided in 625 ILCS 5/4-205 and 5/4-206, the police department or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder or scrap processor under 625 ILCS 5/5-101 et seq., or the towing operator which towed the vehicle. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the police department, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in 625 ILCS 5/4-205 and 5/4-206, and as provided in this subsection, shall state the time and place of sale and shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

(b)

If an abandoned, lost, stolen, or unclaimed vehicle displays dealer plates, notice under this section and 625 ILCS 5/4-209 shall be sent to both the dealer and the registered owner, lienholder, or other legally entitled persons.

(c)

When the certified notification specified in 625 ILCS 5/4-205 and 5/4-206 has been returned by the postal authorities to the police department or towing service, the sending of a second certified notice will not be required.

(d)

When the identity of the registered owner, lienholder, or other legally entitled persons of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this article, the vehicle may be sold as provided in this section without notice to any person whose identity cannot be determined.

(e)

When an abandoned vehicle of more than seven years of age is impounded as specified by this article, or when any such vehicle is towed at the request or with the consent of the owner or operator and is subsequently abandoned, it will be kept in custody or storage for a minimum of ten days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled persons and contacting the registered owner, lienholder, or other legally entitled persons by the U.S. mail, public service or in person for a determination of disposition; and an examination of the state police stolen vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, lienholder, or other legally entitled persons, the vehicle may be disposed of in either of the following ways:

(1)

The police department will authorize the disposal of the vehicle as junk or salvage.

(2)

The towing service may sell the vehicle in the manner provided in this section, provided that this subsection shall not apply to vehicles towed by order or authorization of the police department.

(f)

A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it.

(Code 1996, § 90.08)

State law reference

Similar provisions, 625 ILCS 5/4-208, 5/4-209.