An owner or lienholder who fails to reclaim a vehicle within the time prescribed shall nevertheless be entitled to recover the fair market value of any vehicle disposed of pursuant to this subchapter if:
(1) The owner or lienholder requests a hearing with respect to the notices of infractions that provided the basis for the impoundment of the vehicle;
(2) The hearing is requested within 60 days after the issuance of the notices of infraction;
(3) A hearing examiner dismisses the notices of infraction or finds no liability; and
(4) The owner or lienholder establishes the vehicle’s fair market value by a preponderance of the evidence; provided, that if the District has sold the vehicle, the price paid by a good faith purchaser, other than the owner, shall establish a rebuttable presumption of the fair market value of the vehicle.
(Oct. 28, 2003, D.C. Law 15-35, § 11, 50 DCR 6579.)
For temporary (90 day) addition of this section, see § 11 of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).
Structure District of Columbia Code
Title 50 - Motor and Non-Motor Vehicles and Traffic
Chapter 24 - Abandoned and Junk Vehicle Removal
Subchapter II - Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles
§ 50–2421.04. Removal of abandoned and dangerous vehicles from public space; penalties
§ 50–2421.05. Removal of abandoned, dangerous, and unlawfully parked vehicles from private property
§ 50–2421.06. Post-removal disposition of certain vehicles without further notice
§ 50–2421.07. Impoundment of vehicles, notice to owners and lienholders
§ 50–2421.08. Vehicle reclamation periods
§ 50–2421.09. Procedures for reclaiming impounded vehicles; lien; penalties
§ 50–2421.10. Disposal of unclaimed vehicles; penalties; auction admission fees
§ 50–2421.11. Owners and lienholders remedy
§ 50–2421.12. Rulemaking authority