(A) Except as set forth in division (E) below, an abandoned, nuisance or junked vehicle which is to be removed shall be towed or removed only after notice to the registered owner or person entitled to possession of the vehicle.
(B) 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 given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) 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 town on a specified date.
(C) The notices shall state that the vehicle will be removed by the town on a specific 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.
(D) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the Board of Commissioners in writing, heard at the next regularly scheduled meeting of the Board and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(E) The requirement that notice be given prior 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 obstruction or to otherwise maintain and protect the public safety and welfare. Such findings shall in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicle without prior notice includes:
(1) Vehicles abandoned on streets or highways: For vehicles left on public streets and highways over which the town has authority the Board of Commissioners hereby determines that immediate removal of such vehicles may be warranted when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance or other law or regulation prohibiting or restricting parking;
(c) Parked in a no-stopping or no- standing zone;
(d) Parked in loading zones;
(e) Parked in bus zones; or
(f) Parked in violation of temporary parking restriction imposed by ordinances or other laws or regulations.
(2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on the town-owned property other than the streets and highways and on private property, such 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.
(Ord. passed 6-2-2003) Penalty, § 10.99