(A) Generally. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the town.
(B) Abandoned and unsafe motor vehicles.
(1) Prohibition. No person shall abandon any motor vehicle on any public street or public grounds or upon any privately-owned property which is exposed to public view. No person controlling privately-owned property shall permit any abandoned or unsafe vehicle to remain thereupon.
(2) Determination of abandonment. For the purposes of this section, a vehicle shall be determined to have been abandoned in the following circumstances:
(a) The vehicle fails to display a current license plate within 90 days after its expiration date, or it is partially dismantled or wrecked or incapable of self-propulsion or of being moved in the manner for which it was originally intended; or
(b) The vehicle is left on private property without the consent of the owner, occupant or lessee thereof for a period of not less than 24 hours; or it is left on any public street or highway of the town for a period of not less than seven days; or it is left on any other property owned or operated by the town for a period of not less than 24 hours.
(C) Removal. Any abandoned motor vehicle may be removed to a storage area for safekeeping by or under the direction of the Police Department as provided hereinbelow.
(D) Disposition. Abandoned motor vehicles and motor vehicles declared to be unsafe or unsightly shall be disposed of as follows.
(1) A motor vehicle shall be removed from privately-owned premises; provided written request by, or the written consent of, the owner, lessee or occupant of the premises has been received; or provided the vehicle has been determined to be a health or safety hazard or unsightly to public view as provided hereinbelow.
(2) Before any abandoned vehicle may be removed from private property without the written consent of the owner, lessee or occupant of the premises, the Police Department or Code Enforcement and License Inspector shall notify the owner, lessee or occupant of the property where the vehicle is located that it is considered to be an abandoned vehicle within the meaning of this chapter and that the owner, lessee or occupant has 30 days within which to remove said abandoned vehicle; obtain a current license plate or render the vehicle capable of self-propulsion; or obtain a permit from the town authorizing the vehicle to remain on the applicant’s premises for an additional period of 45 days while the vehicle is either disposed of or rendered not an abandoned vehicle within the meaning of this chapter. Upon the expiration of the 30 days’ notice or the permit, if one has been obtained, the Police Department may then remove said abandoned vehicle.
(3) The owner of any removed vehicle, before obtaining possession thereof, shall pay to the town or, as appropriate, its agents storing said vehicle all reasonable costs incidental to the removal, storage and locating of the owner, lessee or occupant.
(4) Should such owner, lessee or occupant fail or refuse to pay the cost or should the identity of the owner, lessee or occupant be unknown or unascertainable after diligent search and after notice as herein prescribed, the stored vehicle may be sold by the town after the vehicle has been held for not less than 30 days.
(5) The vehicle may be sold by public or private sale; provided, however, that any such sale is conducted in a commercial and reasonable manner. The proceeds of said sale shall be used or applied to costs incidental to the removal, storage, attempts to locate the owner, lessee or occupant and expenses of sale. Any sums remaining after the aforesaid payments shall be paid to the owner of the abandoned vehicle. However, if said owner cannot be located after reasonable inquiry by the town, any such excess sums shall be forfeited to the town.
(Ord. 94-7, passed 11-3-1994) Penalty, see § 10.99