§ 81.06 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.
   The requirement that notice be given prior to the removal of an abandoned or nuisance vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is special need for prompt action to eliminate a traffic obstruction or otherwise maintain and protect the public safety and welfare. Such findings shall be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of a vehicle without prior notice include:
   (A)   Vehicles abandoned on the streets. For a vehicle left on the public streets and highways, a law enforcement officer may determine that immediate removal of such vehicle is warranted if the vehicle is:
      (1)   Obstructing traffic;
      (2)   Parked in violation of an ordinance prohibiting or restricting parking;
      (3)   Parked in a no stopping or standing zone;
      (4)   Parked in a loading zone;
      (5)   Parked in a bus zone; or
      (6)   Parked in violation of temporary parking restrictions imposed under any state or local law.
   (B)   Other abandoned or nuisance vehicles. With respect to an abandoned or nuisance vehicle left on property other than the streets and highways, such a vehicle may be removed without giving prior notice only in circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, such circumstances include those in which a vehicle is blocking or obstructing ingress or egress to a businesses or residence, poses a traffic hazard, or is causing damage to public property or to the private property of another.
(Ord. passed 12-16-2019)