(A) Any inoperable vehicle parked, stored or left or permitted to be parked, stored, or left upon any private property within the city for a period longer than three consecutive days constitutes a public nuisance. Inoperable vehicles parked, stored or left on public property or upon private property without the consent of the owner of such property are governed by § 8-5-2-3. Nothing in this section applies to a vehicle in an enclosed building, a vehicle on the premises of a business that services and repairs vehicles, a vehicle in an appropriate storage place or depository maintained for impounded vehicles, or to a vehicle that is in compliance with §§ 66-11-1 through 66-11-5 NMSA 1978.
(B) Whenever the Mayor or the Chief has probable cause to believe that an inoperable vehicle is on private property in violation of division (A) of this section, the Mayor or the Chief shall give written notice by certified mail to the owner and the lessee or occupant of the property, if known, declaring the existence of the nuisance, ordering such persons to remove the vehicle or request a hearing within seven consecutive days of the mailing of the notice by certified class mail, and stating that failure to remove the vehicle or request a hearing within such seven-day period will result in the vehicle being removed and impounded and impound charges being assessed jointly and severally against the owners of the vehicle. When the owner of the property is not otherwise known, such owner shall be identified from the records of the Bernalillo County Assessor or Bernalillo County Treasurer for purposes of mailing notice under this section.
(C) If an inoperable vehicle has not been removed from private property within seven days of the date on which the notice prescribed by division (B) of this section is mailed to the owner and the tenant or occupant of the property, the Mayor or the Chief may, after obtaining an administrative search warrant from a court of proper jurisdiction, cause the vehicle to be removed and impounded, unless a hearing requested by the owner or tenant or occupant of the property pursuant to division (B) of this section is pending, or unless a hearing officer has determined that the vehicle was not parked, stored or left on private property in violation of division (A) of this section.
(D) If the Mayor or the Chief is able to determine from the license plate or vehicle identification number the name and address of the registered owner of the vehicle, and the notice prescribed in division (B) of this section was not sent to the owner of the vehicle, then the Mayor or the Chief shall give written notice by certified mail to the registered owner of the vehicle. Such notice shall contain the information required in § 8-5-2-3(E).
(E) A vehicle impounded pursuant to this section shall be released to its owner when payment to the city of the impoundment charges are made pursuant to § 8-5-2-10.
(Am. Ord. 25-2003; Am. Ord. 2016-011)