28-2093. Sale of seized vehicles or motors;
disposition of proceeds
A. If a vehicle or motor has been seized under this chapter and held for six months
and the owner has not complied with the provisions of law under which the vehicle or
motor was seized, including payment of all fees, penalties, costs and expenses of
seizure, the director shall sell the vehicle or motor.
B. After thirty days the department may sell a motor vehicle, trailer or
semitrailer seized and held for nonpayment of any fee, tax or other assessment or penalty
on the vehicle that is due the department or for its account.
C. The department shall sell a motor vehicle, motor, trailer or semitrailer under
this section at public auction after notice of the sale by certified mail, return receipt
requested, at least five but not more than twenty days before the sale, directed to the
last known address of the owner of the vehicle or motor, if the owner is known. If the
owner is unknown, the department shall give notice by publication in a newspaper of
general circulation in the county in which the vehicle or motor was seized. If notice is
published in a weekly newspaper, the department shall publish it once each week for two
consecutive weeks, or if notice is published in a daily newspaper, six consecutive times,
the last publication to be at least five but not more than ten days before the date of
the sale.
D. The department shall pay the proceeds from the sale, after the fees, penalties,
costs and expenses of seizure and sale are deducted, to the owner from whom the vehicle
or motor was seized, if the owner is known. If the owner is unknown, the department
shall deposit, pursuant to sections 35-146 and 35-147, the proceeds in the Arizona
highway user revenue fund.
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