(A) The requirement that notice be given to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public health, safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
(B) Circumstances justifying the removal of vehicles without prior notice include:
(1) Vehicles abandoned on streets. For vehicles left on public streets and highways, the Police Department may determine that immediate removal of such vehicles may be warranted when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance prohibiting or restricting parking;
(c) Parked in a no-stopping or standing zone;
(d) Parked in loading zones;
(e) Parked in bus zones; or
(f) Parked in violation of temporary parking restrictions imposed under Code sections.
(2) Other abandoned, nuisance or junked vehicles. With respect to abandoned, nuisance or junked vehicles left on city-owned property other than streets and highways, and on private property, the vehicles may be removed without giving prior notice only in those 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 vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. Additionally, abandoned, nuisance or junked motor vehicles on private property may be removed without giving prior notice to the owner of the motor vehicle whenever the authorizing official determines that the owner of the motor vehicle cannot reasonably be ascertained due to the condition or location of the vehicle; provided that prior notice to the owner, lessee or occupant of the real property upon which the vehicle is located, indicating that the vehicle will be removed by the city on a specified date, is given either personally or by certified mail at least seven days prior to removal.
(Ord. No. 98-129, § 1, passed 10-8-1998)