Abatement of vehicles constituting a public nuisance.
Indianapolis-Marion County Revised Code § 391-207
in effectSec. 391-207. - Abatement of vehicles constituting a public nuisance.
(a) When a motor vehicle is impounded and removed to a place of safekeeping pursuant to an arrest for an offense described in section 391-102(c), the office of the corporation counsel or its designee may file with a court of competent jurisdiction an action to abate the nuisance by requesting the vehicle's sale at public auction. The corporation counsel or its designee shall not bring such an action unless it be shown that the person creating the nuisance has a prior conviction for an offense as described in section 391-102(c). If the corporation counsel or its designee elects to bring an action under this section, such an action must be filed within two (2) days of the vehicle's impoundment excepting weekends and legal holidays. The court shall not grant this remedy unless it be proved that the owner of record with the bureau of motor vehicles knew or had reason to know that the vehicle was being used in such a way as to constitute a nuisance as described in section 391-102(c). The complaint shall be filed in the name of the city and shall be served on each person whose right, title or interest is of record with the bureau of motor vehicles.
(b) The office of the corporation counsel or its designee shall receive two hundred dollars ($200.00) and any law enforcement agency assisting in such an action shall receive three hundred thirty dollars ($330.00) as reimbursement for their expenses in bringing an action under section 391-102. Such expenses and fees shall be satisfied from the sale of the vehicle after the costs of the sale and any valid liens or encumbrances are satisfied as the court may determine. These funds shall be considered miscellaneous revenue to the corporation counsel or its designee or any other law enforcement agency. The remaining balance after the sale of the vehicle shall be disbursed to the owner or owners of record prior to the sale.
(c) If the court finds in favor of the city and orders a vehicle sold at public auction, and a person holding a valid lien or security interest of record shall appear, the court shall determine whether the secured interest is equal to or in excess of the appraised value of the vehicle. Appraised value is to be determined as of the date of judgment on a wholesale basis by agreement between the secured party and the city or by the inheritance tax appraiser for Marion County.
If the amount due the secured party is equal to or greater than the appraised value of the vehicle, the court shall order the vehicle released to the secured party. If the amount due the secured party is less than the appraised value, the secured party may pay into court an amount equal to the owner's equity. The owner's equity is the difference between the appraised value and the security interest. Upon payment into court of the owner's equity, the court shall order the vehicle released to the secured party and distribute the amount paid into court as provided in subsection (b). If the secured party declines to pay the owner's equity into court, the vehicle shall be sold at auction and the proceeds distributed as provided by subsection (b).
(Code 1975, § 19-41)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH391NU_ARTIIAB_S391-207ABVECOPUNUFetched: 10/27/2026