If the property subject to a lien described in Section 38-3-2 is a vehicle, the occupant is in default for a continuous 60-day period, and the owner chose not to sell the vehicle under Section 38-8-3, the owner may have the vehicle towed from the self-service storage facility by an independent towing carrier that is certified by the Department of Transportation as described in Section 72-9-602.
Terms Used In Utah Code 38-8-3.5
Certified mail: means :
(a)
a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or
(b)
a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. See Utah Code 38-8-1
Default: means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement. See Utah Code 38-8-1
Last known address: means the postal address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the postal address provided in the written notice of a change of address. See Utah Code 38-8-1
Lien: A claim against real or personal property in satisfaction of a debt.
Occupant: means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Utah Code 38-8-1
Owner: means :
(a)
the owner, operator, lessor, or sublessor of a self-service storage facility;
(b)
an agent of a person described in Subsection (7)(a); or
(c)
any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement. See Utah Code 38-8-1
Self-service storage facility: means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. See Utah Code 38-8-1
Within one day after the day on which a vehicle is towed under Subsection (1), the owner shall send written notice by certified mail, postage prepaid, to the occupant’s last known address that states:
(a)
the date the vehicle was towed; and
(b)
the address and telephone number of the person that towed the vehicle.
(3)
An owner that has a vehicle towed under Subsection (1) is not liable for any damage that occurs to the vehicle after the independent towing carrier takes possession of the vehicle.
