(A) Except as set forth in division (C) below, a junked, abandoned or hazardous vehicle which is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the vehicle. In the case of a junked or hazardous vehicle, if the names and mailing addresses of the registered owner or person entitled to 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, the notice shall be sent by first class mail. If the information cannot be so ascertained, or if the vehicle to be removed is abandoned, notice shall be affixed to the vehicle in a conspicuous place.
(B) The notice required by division (A) above shall state why the vehicle is subject to removal and that the vehicle will be removed within seven days after the postmarked date or date of affixation of the notice unless removed prior to that time. Except in those instances where pre-towing notice is not required to be given, if the owner or person entitled to possession does not remove the vehicle but wished to appeal the Administrator’s determination that the vehicle is abandoned, is a safety or health hazard or, in the case of a junked vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, he or she may submit a written request to do so to the Administrator before the seven-day period has expired. The appeal shall be heard by the Town Manager within 30 days of the appeal and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) The requirement that notice be given prior to the removal of an abandoned, junked or hazardous vehicle may, as determined by the Administrator, be omitted in those circumstances where there is a special need for a prompt action to eliminate traffic obstruction or to otherwise maintain and protect the public safety and welfare. By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to business and residences, vehicles parked in a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. The findings shall, in all cases, be entered by the Administrator in the appropriate daily records.
(Ord. eff. 6-13-2005)