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(A) Public streets or highways. Any abandoned vehicle may be removed from a public street or highway by the town upon expiration of the 24-hour requirement of the notice of intent to impound specified in § 5-4-9 of this chapter.
(B) Public property. An abandoned vehicle may be removed from public property upon expiration of the five-day requirement of the notice of intent to impound specified in § 5-4-9.
(C) Private property. An abandoned vehicle may be removed from private property upon expiration of the five-day requirement of the notice of intent to impound specified in § 5-4-9 after the written request of the owner of the property, or the person in lawful control thereof, together with a signed statement that such vehicle has been placed thereon without his or her consent. Any vehicle left unattended on private property for 30 days without the consent of the owner or the person in lawful possession or control of the property or after the expiration of the consent, oral or written, of the owner or the person in lawful possession or control of the property is presumed abandoned five days after a notice of intent to impound has been placed on it pursuant to § 5-4-9.
(D) Conditions for removal. A junk vehicle kept on private property in violation of the provisions of this chapter may be removed by the town after the following conditions have been satisfied:
(1) Notice of the violation has been served upon or sent to the owner or legal possessor of the real property by registered or certified mail, return receipt requested, at the last known address as determined from the utility records of the town or the tax records of the county and, where practical, a notice shall also be affixed to the windshield or some other part of the vehicle where it can be easily seen. The written notice mailed to the real property owner or legal possessor shall include substantially the following information:
(a) A statement that a certain vehicle is a
JUNK VEHICLE, as defined in § 5-4-2, the notice should include the make, year, and vehicle identification number if reasonably possible;
(b) A description of the real property, by street address or otherwise, on which the nuisance exists;
(c) A statement that such nuisance must be abated within 30 days from the date on the notice;
(d) A statement that if the nuisance is not abated within the time provided, the town may abate the nuisance, and the cost of the abatement may be charged to the owner of the nuisance or assessed against the land upon which the nuisance exists, or both;
(e) A statement that a hearing upon the allegation of a junk vehicle and the assessment of costs may be requested by giving written notice to the Town Clerk-Treasurer within ten days from the date on the notice of junk vehicle, and that a request must specify the property concerning which the request is made, the requesting party’s name and address, and the nature of the interest held by the requesting party; that, upon request, a hearing will be scheduled to determine if a junk vehicle exists and as to the assessment of administrative costs and the costs of abatement; that if a hearing is not so requested, the right to a hearing shall be waived; and
(f) A statement that failure to abate the junk vehicle may result in a town abatement and/or criminal charges.
(2) Not less than 30 days have passed without the vehicle being removed or enclosed in a secure building by the property owner or possessor. Removal of the vehicle to another location within the town on private property in violation of the provisions of this chapter, without regard to the time which has elapsed after the notice was sent, is not sufficient to avoid removal or to require the process to begin anew.
(Prior Code, § 5-4-5) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
(A) Request for hearing. A request for a hearing upon the allegation of a junk vehicle and the assessment of costs shall be made in writing and delivered to the Town Clerk-Treasurer within ten days from the date of the notice to abate or remove. Such request shall specify the property concerning which the request is made, the requesting party’s name, address, phone number, and the nature of the interest held by the requesting party in the vehicle.
(B) Town authority to abate. In the event of a JUNK VEHICLE, as defined in § 5-4-2, of which notice has been given, and which remains unabated for more than 30 days, the Mayor or his or her representative is granted the authority to abate, remove, or cause the removal of the vehicle; provided, however, that if a proper request for hearing is filed, abatement shall only proceed upon an order of the Municipal Court or withdrawal of the request for hearing.
(C) Holding of hearing; notice. In the event a request for hearing is filed and provided, a hearing shall be held before the Municipal Court or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a public nuisance and for taking such further action as is authorized under this chapter. Notice of the time, place, and hour of the hearing shall be sent at least 30 days in advance of the hearing to all known parties.
(D) Presentation of evidence, arguments. At such hearing, all parties shall be afforded an opportunity to present evidence, to cross-examine, and to present arguments; provided, that all persons testifying shall be sworn; irrelevant, immaterial, or unduly repetitious evidence shall be excluded; and the decision of the Municipal Court Judge or hearing examiner shall be based upon the type of evidence commonly relied upon by the Municipal Court.
(E) Decision and orders. At or after such hearing, and in the event of confirmation that the vehicle is junk, the Municipal Judge or the hearing examiner, as the case may be, may order that the Mayor and/or his or her employees or agents remove or otherwise abate the nuisance; provided, however, that if the circumstances justify, in the opinion of the Judge or person presiding at the hearing, the time for abatement may be delayed. In the event a nuisance is confirmed, administrative and removal costs may also be assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority shall be denied and costs shall not be assessed.
(F) Right to appeal. Appeals from the Municipal Court or hearing examiner may be made to the County District Court, second judicial district, under the rules of appellate procedure as found in the state court rules in effect at that time.
(G) Waiver of right to hearing. In the event a request for hearing, as provided, is not timely filed, the right to a hearing shall be considered to have been waived.
(Prior Code, § 5-4-6) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
(A) Request for removal. A request for the removal of an abandoned vehicle from private property by a police officer shall be upon the written request, upon a form prescribed by the State Department of Transportation (Department), of the owner or person in lawful possession or control of the property.
(B) Written report of removal. The Police Department shall immediately send a written report of the removal by a police officer to the County Sheriff (Sheriff), which report shall include a description of the vehicle, the date, time, and place of removal, the grounds for removal, and place of impoundment of the vehicle. The Sheriff shall submit the report provided by the Police Department to the Department with a determination of the fair market value of the vehicle as required
(C) Written notification. Upon receipt of a report as provided, the Department shall provide written notification to the vehicle owner of record and to any lienholders of record.
(Prior Code, § 5-4-7) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
Except as otherwise provided by law, title to any vehicle impounded by a police officer not reclaimed by the registered owner or any lienholder of record within 30 days of the written notice shall vest with the county government where the vehicle is impounded.
(Prior Code, § 5-4-8) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
(A) Placement of notice on vehicle. A notice of intent to impound an abandoned vehicle by a police officer shall be placed in a prominent position on a vehicle when a police officer reasonably believes it is abandoned. The notice of intent shall remain on the vehicle at least 24 hours prior to removal if abandoned on a highway and five days if abandoned on public or private property and impounded by a police officer.
(B) Removal from private property; conditions for posting notice. In the event a JUNK VEHICLE, as defined in § 5-4-9, a notice of intent to impound shall be posted when the following conditions have been satisfied:
(1) The 30-day notice as required by § 5-4-6(C) to the owner of the property has expired; and
(2) No action has been taken by the owner of the property, or any other person, to bring the vehicle into compliance with the provisions of this chapter.
(C) Time for posting notice on vehicle. The posted notice of intent to impound a JUNK VEHICLE shall be placed upon the vehicle not less than 24 hours prior to the time the vehicle is removed.
(D) Information in notice. The notice of intent to impound shall contain not less than the following information:
(1) The date and time the notice was posted on the vehicle;
(2) The fact that, after the expiration of 24 hours after the time of posting the notice, the town intends to remove the vehicle; and
(3) The address and telephone number of the town agency which can be contacted to prevent the removal of the vehicle.
(Prior Code, § 5-4-9) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
In the event that the registered owner, any lienholder, or authorized agent of the owner contacts the town department specified on the notice of intent to impound and indicates that the vehicle will be brought into compliance with the provisions of this chapter, and other applicable law, the town shall suspend the removal of the vehicle for not less than 48 hours in order to obtain written assurance from the owner or agent that the vehicle will be brought into compliance within a specified period of time. If the vehicle is brought into compliance within the specified time period with the requirements of this chapter, then the impound procedure is terminated. If the owner, however, fails to bring the vehicle into compliance within the specified time period, then the town may complete the removal of the vehicle without beginning the process anew.
(Prior Code, § 5-4-10) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)
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