A. Public Property:
1. Exemptions From General Abatement Provisions: The provisions of abatement of "public nuisances" contained in chapter 1 of this title shall not apply to junk vehicles or to those which are in abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled condition, whether attended or not, upon any public property within the town for a period of time in excess of twenty four (24) hours. The notice, hearing and abatement shall be pursuant to the procedures described in this title for public nuisances on public property. (2003 Code § 7-3-2)
2. Notices To Remove; Citation; Failure To Remove: Whenever it comes to the attention of any official of the town that any "junk vehicle", as defined in section 5-3-1 of this chapter, exists as a public nuisance upon public property in the town, a notice in writing shall be served upon the owner or person in charge thereof, notifying him of the existence of the nuisance and requesting its removal in the time specified in this subsection. A written public nuisance "Notification To Remove" shall be placed on the vehicle advising the owner of the violation of this code and of the twenty four (24) hours to remove the nuisance from the public property. Concurrent with the abatement notice placed on the vehicle or motor vehicle, the owner of the vehicle or motor vehicle shall be issued a citation. Failure to remove the vehicle or motor vehicle shall be an offense, and shall be punishable as provided in section 5-3-6 of this chapter. Each day upon which any such violation continues shall constitute a separate offense. Nothing in this subsection shall prevent the appropriate authorities from removing or causing to be removed any such vehicle which is located on a public thoroughfare or alley. (2003 Code § 7-3-3)
B. Private Property:
1. Presumption Of Abandonment: A rebuttable presumption shall exist that vehicles have been abandoned when:
a. Weed or grass undergrowth would indicate to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur; (2003 Code § 7-3-2)
b. One or more tires or wheels are flat or missing, and the vehicle or boat displays an expired license; (2003 Code § 7-3-2; amd. 2014 Code)
c. Portions of the vehicle which are needed for its operation or control are missing;
d. The town has received reports from others as to the length of time such vehicle has been standing in one place without being moved, or that parts are being taken from or added to such vehicle, indicating a salvage or garage operation; or
e. Evidence exists that provisions of this code pertaining to zoning or to junk and salvage yards are being violated. (2003 Code § 7-3-2)
2. Notice To Remove:
a. The chief of police, or his designee, or other person designated by the board of trustees, shall give notice of removal to the owner or occupant of the private property where any junk vehicle or any abandoned, wrecked, dismantled or inoperative vehicle or boat is located at least ten (10) days before the time set for compliance. It shall constitute sufficient notice when a copy of a notice to remove is posted in a conspicuous place upon the private property upon which the vehicle or boat is located. (2003 Code § 7-3-5)
b. The notice to remove shall contain the demand for removal within ten (10) days, and the notice to remove shall state that upon failure to comply with the notice to remove, the town may prosecute a criminal complaint and issue a summons for failure to abate the nuisance or undertake such removal with the costs to be levied against the owner of the junk vehicle or the occupant of the property. Failure to remove the vehicle shall be an offense and shall be punishable as provided in section 5-3-6 of this chapter. (2003 Code § 7-3-5; amd. 2014 Code)
C. Hearing:
1. Any person to whom any notice to remove is directed pursuant to the provisions of this section, or any duly authorized agent thereof, may file a written request for a hearing before the municipal court within the ten (10) day compliance period for the purpose of contesting the town demand for removal. Such hearing shall be scheduled by the municipal court upon completion of filing with the town clerk- treasurer of an application therefor. (2003 Code § 7-3-6; amd. 2014 Code)
2. The hearing shall be held as soon as practicable, but not earlier than five (5) days after receipt of the request, and not later than thirty five (35) days after such receipt. Notice of the time and place of hearing shall be directed to the persons making the request. At any such hearing, the town and the persons to whom the notice have been directed may introduce witnesses and evidence.
3. Persons to whom the notice to remove is directed pursuant to the provisions of this section, or their duly authorized agent, shall appear in municipal court pursuant to the citation or summons. Those convicted of failing to abate a public nuisance pursuant to this section shall be assessed court costs in addition to any fine assessed by the municipal court as provided in section 5-3-6 of this chapter. If the public nuisance is abated prior to the hearing date stated on the summons, and the person issued the summons to appear in municipal court signs an affidavit before the court clerk attesting to the abatement, the town attorney may dismiss the charges. The municipal court may, for good cause, combine the hearing with the criminal action. (2003 Code § 7-3-6)
D. Removal By Town; Notice:
1. If the violation described in the notice to remove has not been remedied within the ten (10) day period of compliance or in the event that a notice requesting a hearing is timely filed, a hearing had, and the existence of the violation is affirmed by the municipal court, the town attorney shall institute and prosecute additional charges on a daily basis for failure to abate the nuisance, and the town shall, in its discretion, take possession of the junk vehicle and remove it from the premises. It shall be unlawful for any person to interfere with or hinder anyone whom the town authorizes to enter upon private property for the purpose of removing a vehicle under the provisions of this section. (2003 Code § 7-3-7)
2. Within forty eight (48) hours of the removal of such junk vehicle, the town clerk-treasurer or other designated town employee shall give notice to the owner of the junk vehicle, if known, that the vehicle or motor vehicle was removed and that the vehicle has been impounded and stored for violation of this chapter. The notice shall give the location where the vehicle is stored and the proper procedure for redeeming the vehicle, including costs of redemption. (2003 Code § 7-3-8; amd. 2014 Code)