(A) No person in charge or in control of any real property within the municipality, whether as an owner, tenant, occupant, lessee or otherwise, shall allow any discarded or non-operable vehicle to remain on the property within his or her control longer that 72 hours after the receipt of a written notice from the Town Marshal instructing the person to remove the discarded or non-operable vehicle from the property. This division (A) shall not apply to a vehicle stored in an enclosed building or to commercial vehicles, repair shops, used car dealers or junkyards operated in a lawful manner.
(B) Notice required under division (A) above shall be deemed to be adequate the Town Marshal or his or her designee causes that notice to be affixed to the vehicle or the door of any residence located on the property where the vehicle is found or by delivering the notice in person, by certified mail or by leaving the notice affixed to the door and mailing a copy of the same to the registered owner, the owner of the real estate or the tenant, occupant or lessee of the private property upon which the discarded or non-operable motor vehicle is found.
(C) The notice required under division (A) above should state the following:
(1) The date and time of the notice;
(2) A description of the non-operable or discarded motor vehicle;
(3) The license plate number on the motor vehicle, if any;
(4) The identity of the owner or person in charge of the real property upon which the vehicle is located;
(5) That the person responsible for the vehicle has 72 hours after the date and time noted in division (C)(1) above in order to remove the vehicle because it is alleged that the vehicle is a discarded or non-operable vehicle as defined by division (A) above;
(6) A copy of this chapter should be attached; and
(7) A statement indicating that if the vehicle is not removed from the property within 72 hours of the date and time affixed above, this would be prima facie evidence of the fact that it is a non-operable or discarded vehicle in violation of this section, and the person to whom the notice is directed could be subject to penalties provided by this chapter.
(D) If the person to whom the notice is directed contends that the vehicle is operable and not discarded, he or she or a designee should take it to the Police Department for inspection. If this is done within 72 hours of the time of the giving of the notice, this shall be deemed to be prima facie evidence that the vehicle in question is not a discarded on non-operable vehicle.
(E) For purposes of this section, if the 72 hours granted ends after 5:00 p.m. Friday and before noon on the following Monday, the time shall be extended to 5:00 p.m. that Monday. If it ends on a legal holiday, the time shall be extended 24 hours following the conclusion of the legal holiday.
(Ord. 93-07, passed 2-7-1993; Ord. 2003-02, passed 5-5-2003) Penalty, see § 94.99