(A) (1) Except as otherwise provided, no person shall abandon any partially dismantled, non-operating, wrecked, or junked vehicle, nor leave such vehicle for such time, and under such conditions, as to cause it to reasonably appear to have been abandoned, upon any public property, dedicated street right-of-way, or public easement.
(2) Vehicles so abandoned or left shall constitute a public nuisance.
(B) A rebuttable presumption exists that vehicles have been abandoned when any one of the following conditions exists.
(1) Weeds and/or grass undergrowth indicates to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur.
(2) One or more wheels are flat or missing.
(3) Portions of the vehicle which are needed for its operation or control are missing.
(4) Neighboring residents provide written statements as to the length of time such vehicle has been standing in one place without removal, or statements that parts are taken from or added to such vehicle, which would indicate a salvage, garage, or used parts operation.
(5) Evidence exists that provisions of the code pertaining to zoning or to junk or salvage yards are being violated.
(6) No current license tag is present or visible on the vehicle.
(C) Appropriate municipal officials (including, but not limited to, the Mayor, the Chief of Police, the Municipal Building Inspector, the Fire Chief, and the Town Clerk/Treasurer) may remove and impound, or cause to be removed and impounded, those vehicles which appear to be in violation of this section.
(D) (1) Prior to the removal and impoundment of any vehicle under the provisions of this subchapter, or any of the appropriate methods of nuisance abatement (see Chapter 92 of this code), the appropriate municipal officials shall attempt to notify, by certified mail, the registered owner of such vehicle, stating that the vehicle appears to be in violation of this subchapter, and that the owner has 48 hours from the receipt of such notice to remove the vehicle.
(2) Should the municipal officials be unable to serve notice upon the owner, a notice containing similar provisions shall be affixed to the abandoned vehicle instead, at least 48 hours prior to the required time of compliance.
(Prior Code, Ch. 18, Art. 3, § 37) Penalty, see § 73.99