(A) Except as set forth in division (C) below, an abandoned, hazardous or junked vehicle that is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the vehicle. In the case of a junked or hazardous vehicle, if the names and mailing addresses of the registered owner or person entitled to 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(es) to which it was mailed, and the date it was mailed. If the information cannot be so ascertained, or if the vehicle to be removed is abandoned, notice shall be affixed to the vehicle in a conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specified date (no sooner than seven days after the notice is affixed). 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) With respect to abandoned vehicles on private property, hazardous 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, he or she may submit a written request of appeal to the Code Enforcement Officer before the seven-day period has expired. The appeal shall be heard by the Town Council at its next regularly scheduled meeting, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) The requirement that notice be given prior to the removal of an abandoned, junked or hazardous vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for a prompt action to eliminate traffic obstruction or to otherwise maintain and protect the public safety and welfare. By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner as to pose a traffic hazard, vehicles parked in a fire zone or other no-stopping or standing zone, and vehicles causing damage to public or private property. The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
(Ord. passed 1-9-2024)