(A) Except as set forth in division (C) below, 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, the notice shall be sent by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(s) to which 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 a notice indicating that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by owner or legal possessor prior to that time.
(B) (1) Except in those instances in which pre-towing notice is not required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the authorizing official’s determination that the vehicle is abandoned, 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 authorizing official before the seven-day period has expired.
(2) Such appeal shall be made to the Zoning Board of Adjustments in writing, heard at the next regularly scheduled meeting, provided that the requirements for notification of adjacent property owners are met. Further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) (1) The requirement that notice be given prior to the removal of an abandoned, junked or nuisance 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 safety and welfare.
(2) By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to business 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. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
(Code 2019, § 13-63) (Ord. passed 10-10-2011)