§ 34-90. Removal of abandoned, nuisance or junked motor vehicles; pretowing notice requirements.

(a)

Except as set forth in section 34-91, an abandoned, nuisance or junked motor 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 is ascertained in the exercise of reasonable diligence, the notice shall be given by telephone, if feasible. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing. The notice shall include the following:

(1)

The description of the removed vehicle;

(2)

The location where the vehicle is stored;

(3)

The violation with which the owner is charged, if any;

(4)

The procedure the owner must follow to redeem the vehicle; and

(5)

The procedure the owner must follow to request a probable cause hearing on the removal.

(b)

The person who mails the notice shall retain a written record to show the name and address to which mailed, and the date mailed. If such name and address cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, 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 on a specified date. 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.

(c)

Whenever an abandoned, nuisance or junked motor vehicle is removed and such vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (a)(1)—(5) of this section.

(Code 2003, § 14-105; Ord. No. 09-28, § 1(exh. A), 12-17-2009)