(A) Except as set forth in § 20-1207, an abandoned, nuisance, or junked vehicle, which is to be removed, shall be towed only after notice to the registered owner, or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor 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 shall be given by first class mail (or any other method authorized for service by the State Rules of Civil Procedure). The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to whom the notice is mailed, and the date mailed. If such names and addresses cannot be ascertained, or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield, or some other conspicuous place on the vehicle. The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner, or legal possessor, prior to that time.
(B) An order to remove abandoned vehicles on private property, nuisance vehicles, and junked motor vehicles to which notice is required to be given, may be appealed by the registered owner, or person entitled to possession, to the BOA within the time period stated in the notice to remove by appearing before the BOA at the appeal hearing date and time given on the notice. Such appeal shall stay the order of removal until final determination by the BOA. The appeal shall consider the determination that the vehicle is abandoned, or in the case of a nuisance vehicle, or in the case of a junked motor vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens. In the event no appeal is taken within the time period stated in the notice to remove, the Code Official may proceed to remove the vehicle.
(Ord. 23-2018, passed 12-3-2018)