§ 12-84. Removal of abandoned, nuisance and junked motor vehicles; pretowing notice requirements.

(a)

Except as set forth in section 12-85, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. 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 shall retain a written record to show the name and address to which mailed, and the date mailed. In addition, 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 after a specified date (no sooner than 15 calendar days after the notice is affixed). Such notice shall state that the vehicle will be removed by the town after a specified date, no sooner than 15 calendar 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, nuisance vehicles and junked motor vehicles to which notice is required to be given, the registered owner or person entitled to possession has a right to appeal to the board of commissioners. If such person 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, and filed with the code enforcement officer no later than 15 calendar days after the notice of violation was posted on the vehicle. The appeal shall be heard at the next regularly scheduled meeting of the board of commissioners, and further proceedings to remove the vehicle or assess civil penalties shall be stayed until the appeal is heard and decided.

(Ord. No. 344, § 5-28, 9-11-1997; Ord. No. 586, 2-19-2010; Ord. No. 591, 4-8-2010)