(A) Subject to division (B) below, whenever it is made to appear to appropriate town officials that abandoned or junked motor vehicles exist within town limits, the town may have the vehicles removed by a private towing operator to a storage yard or area and thereafter may dispose of them in accordance with the provisions of this subchapter. The private towing operator shall be selected using a rotation method of local or regional towing companies who are licensed, insured, and have advised the town they are interested in participating in such a rotation.
(B) (1) No motor vehicle may be removed from private property without the written request of the owner, lessee or occupant of the premises unless the Council or a duly authorized city official or employee find in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. This finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:
(a) Protection of property values;
(b) Promotion of tourism and other economic development opportunities;
(c) Indirect protection of public health and safety;
(d) Preservation of the character and integrity of the community; and
(e) Promotion of the comfort, happiness, and emotional stability of area residents.
(2) Notwithstanding the above, no motor vehicle located on private property shall be removed or disposed of pursuant to this section without the written request of the owner, lessee or occupant of the premises if the vehicle is used on a regular basis for business or personal use.
(C) The town may require any person requesting the removal of a junked or abandoned motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(D) No agent or employee of the town, no person or occupant of the premises from which any derelict or abandoned vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provision of this subchapter.
(1989 Code, Title IV, Ch. 43, § 4-3) (Ord. 2013-07, passed 5-14-2013)