(A) Except as set forth in § 81.06, an abandoned or nuisance vehicle that is to be removed shall be towed at the direction of the town only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located, can be ascertained in the exercise of reasonable diligence, notice to remove the vehicle within 15 days from receipt of the notice shall be given by certified mail or by hand delivery by the appropriate authorizing official. The person who mails or hand delivers the notice shall retain a written record to show the names and addresses to which the notice was mailed or delivered and the date of such mail or delivery.
(B) If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned vehicle, or if notice attempted in accordance with division (A) above is refused by addressee, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town no sooner than 15 days for a nuisance vehicle, or seven days for an abandoned vehicle, after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time. Notice may be given in such a manner concurrently with notice given in accordance with subdivision (A) above, even where such notice is properly given and accepted by the addressee.
(C) With respect to abandoned or nuisance vehicles for which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is an abandoned or nuisance vehicle, such appeal shall be made in writing and delivered to the Town Manager within seven days of the owner's receipt of notice of removal. The appeal shall be heard by the Town Manager within ten days of receipt of the appeal. Further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. In the event the owner or person entitled to possession fails to reasonably pursue the appeal, the appeal shall be deemed abandoned and the vehicle ordered removed.
(Ord. passed 12-16-2019)