§ 1413. Disposition of impounded vehicles and loads
(a) Rights of owner of load. The title to the load on an impounded vehicle or combination remains in the owner who may repossess the load at any time upon presentation of proof of ownership to the sheriff. If the load spoils during impoundment the loss shall be on the owner subject to any right of recovery of damages that the owner may have against the owner of the vehicle or combination or against any other party, and the costs of disposition of the load shall be recoverable in addition to the costs of prosecution.
(b) Sale of unclaimed vehicle or load. In case any impounded vehicle or combination is unredeemed, or the load is unclaimed, for a period of 60 days after notice of impoundment is given, it shall be sold at a public sale by the sheriff upon order of the issuing authority and after 10 days notice of sale to the owners, lienholders, or secured parties of the vehicle or load except that if the sheriff determines it to be necessary to preserve their value, goods which may spoil may be sold in any commercially reasonable manner prior to expiration of the 60-day period and, if impractical to do so, without giving notice to the owners, lienholders, or secured parties.
(c) Disposition of proceeds of sale. The proceeds of sale shall first be applied to the payment of the fine and costs, and secondly, to the payment of the encumbrances. The balance shall be remitted to the owner. (Added 1983, No. 86, § 9.)
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