(A) Public property.
(1) Whenever a member of the Town Marshal’s office shall find any such vehicles placed, parked or stored in the open upon public property within the corporate limits of the town, he or she shall issue an order to the owner of the vehicle to remove the vehicle within 72-hours. Notice of such order shall be placed upon the vehicle and upon the owner of the junk vehicle, if known.
(2) If no owner of the junk vehicle can be found, then the notice affixed to the vehicle shall be sufficient. If the vehicle is not moved within five days pursuant to the order and notice, any member of the Marshal’s office shall cause the vehicle to be removed by a licensed junk or salvage yard or wrecker service or by employees of the town. The cost and expense of such removal shall be paid by the owner of the vehicle, which expense shall constitute a lien on said junk vehicle.
(B) Private property. Whenever a member of the Town Marshal’s office shall find any such vehicle placed, parked or stored in the open upon private property within the corporate limits of the town, he or she shall issue an order to the owner of the vehicle and/or to the owner, occupant or lessee of the real estate to remove the vehicle within ten days. Notice of such order shall be placed upon the vehicle. Copies of the notice shall be served upon any adult occupying the real estate on which the junk vehicle is located and upon the owner of the junk vehicle, if known. If no occupant of the real estate or owner of the vehicle can be found, a notice affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate and to the owner of the vehicle. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. If the vehicle is not removed within ten days pursuant to the order and notice, any member of the Marshal’s office shall cause the vehicle to be removed by a licensed junk or salvage yard or wrecker service or by employees of the town. The cost and expense of such removal shall be paid by the owner of the vehicle or by the owner and/or occupant of the real estate, which expense shall constitute a lien on said junk vehicle and/or against the real estate.
(C) Removal of vehicle. Upon removal of a junk vehicle as provided in divisions (A) and (B) above, the same shall be placed in an impounding yard or yards where it shall beheld for a period of at least 30 days during which time the owner or owners of such junk vehicle may repossess the same by paying all expenses of towing and impounding storage. In the event that said junk vehicle is not repossessed within a period of 30 days from the date of impounding, the Town Marshal’s office shall be and is hereby authorized to offer said junk vehicle for sale to the highest and best bidder at public auction to be held not later than ten days after one publication and notice of such sale to be published in a newspaper of general circulation in the county and after notice of such sale is posted in one public place in each district in the town. The proceeds from such sale shall be used to pay towing expenses if such junk vehicle is privately towed and to pay rental in any impounding yard where said junk vehicle is held as well as the cost of the sale and publication and/or posting of notice of sale.
(Prior Code, § 5:2:04) (Ord. 82-23, passed 12-31-1982; Ord. 84-1, passed 6-20-1984; Ord. 2017-02, passed 6-5-2017)