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(A) A vehicle is abandoned if:
(1) The vehicle is parked on or along any street, alley or public way and the vehicle displays no current license plate and validating sticker; or
(2) The vehicle is left unattended on or along any public property, street, alley or public way in the same place for a period of 36 hours without a valid police sticker as defined in division (B) of this section;
(3) The vehicle is left on private property without the consent of the property owner, tenant, or occupant for a period of 24 hours; or
(4) At a private residence, any vehicle which is not lawfully parked on a driveway for a period of at least 36 hours.
(B) The Chief may issue a sticker temporarily permitting street storage, upon application of any owner or agent of an owner for any vehicle which is operable and has a current license plate. Stickers shall expire 15 days after issuance. No owner, whether an individual, business, corporation, organization, partnership or trust, is entitled to more than four stickers at any time.
(C) Any inoperable vehicle, or any part thereof, left on any public property or on any private property, without the consent of the property owner, tenant or occupant, is a public nuisance. Any abandoned vehicle, or any part thereof, is a public nuisance.
(D) When a vehicle is abandoned or is an inoperable vehicle on or along any public property, a street, alley or public way or is an abandoned or inoperable vehicle on private property without the consent of the property owner, tenant or occupant under circumstances which do not allow summary removal or relocation pursuant to § 8-5-2-4, a notification tag shall be attached to the vehicle in a manner which is readily visible containing the following information:
(1) The date and time the notification tag was affixed to the vehicle and the nature of the violation;
(2) An order requiring the removal of the abandoned or inoperable vehicle from the location within seven consecutive days of the day the notification tag was affixed to the vehicle;
(3) A statement that, pursuant to this section, the vehicle may be towed and stored at the owner's expense if it is not removed within seven consecutive days of the day the notification tag was affixed to the vehicle;
(4) A statement that the owner has the opportunity to challenge the proposed action at a hearing if a written request is submitted to the City Clerk within seven consecutive days of the day the notification tag was affixed to the vehicle;
(5) A phone number and name or title of a city employee from whom the owner can obtain further information about requesting a hearing; and
(6) The identity of the affixing person.
(E) Written notice containing the same information specified in division (D) of this section plus the location and description of the vehicle shall be mailed by certified class mail to the registered owner of the vehicle within one business day of affixing the notification tag pursuant to division (D) of this section. The identity of the vehicle shall include the license plate number, the vehicle identification number, and the make, type and color of the vehicle. The notice shall also advise the registered owner of the vehicle that if the vehicle is towed and is not claimed by the owner or the owner's authorized agent and/or the amount of any accrued impoundment charges are not paid within 30 days from the date the notification tag was affixed to the vehicle, the vehicle will be sold or otherwise disposed. In the event the vehicle is not registered in New Mexico, or if the license plate or vehicle identification number is expired, altered, or missing, the Mayor or the Chief shall send the notice required in this section as soon as is reasonably practicable and the requirement of this subsection to mail notice within one city business day of affixing the notification tag shall not apply. If the vehicle has already been towed by the city, the notice shall also state that the vehicle has been taken into custody and stored, the location from which the vehicle was towed, the reason for the impoundment, the location and telephone number of the storage facility where the vehicle is being kept, that daily storage charges will be assessed in addition to a towing charge, and that the owner may obtain release of the vehicle by paying impoundment charges in full pursuant to § 8-5-2-8 or by posting bond pursuant to § 8-5-2-10(E).
(F) Upon timely receipt of a request for a hearing as defined in division (D)(4) of this section, the Mayor shall order a delay of towing the vehicle until after the hearing. The hearing shall be conducted pursuant to § 8-5-2-10.
(G) If no hearing is requested pursuant to division (D)(4) of this section, and the vehicle is not removed within seven consecutive days of the day the notification tag was affixed to the vehicle, the vehicle may be ordered impounded by a municipal police officer or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws.
('74 Code, § 9-5-19.41C) (Ord. 67-1982; Am. Ord. 25-2003; Am. Ord. 44-2003; Am. Ord. 54-2003)