Chapter 159

VEHICLES, ABANDONED

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 12-18-1989 as Ord. No. 2-89. Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic -- See Ch. 160.

~ 159-1. Title.

This chapter shall be known and may be cited as the "Abandoned Motor Vehicle Ordinance."

~ 159-2. Definitions and word usage.

A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

JUNKED MOTOR VEHICLE -- Any motor vehicle, as defined below, which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection certificate, and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

MOTOR VEHICLE -- Any vehicle which is self-propelled and designed to travel along the ground and shall include but not be limited to automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, campers and trailers.

OWNER -- A person owning real property in the town. A parcel of real property owned by more than one (1) person shall be considered as having each such person as an "owner."

PARCEL OF PROPERTY -- Real property appearing on the tax rolls of the town.

PERSON -- Any person, firm, partnership, association, corporation, company or organization of any kind.

POLICE DEPARTMENT -- The Police Department of the Town of Chestertown.

PRIVATE PROPERTY -- Any real property within the town which is privately owned and which is not public property as defined in this section.

PUBLIC PROPERTY -- Any street or highway, which shall include the entire width between the right-of-way lines of every way publicly maintained for the purpose of vehicular travel, and shall also mean any other publicly owned or maintained property, including but not limited to alleys, rights-of-way, easements, sidewalks or facilities.

TOWN -- The Town of Chestertown.

~ 159-3. Storing, parking or leaving vehicles dismantled.

No person shall park, store or leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled condition, whether attended or not, upon any public or private property within the town for a period of time in excess of seventy-two (72) hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof, on private or public property, is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the town and properly operated in the appropriate business zone, pursuant to the zoning laws of the town, or to any motor vehicle in operable condition specifically adapted or designed for operation on dragstrips or raceways or any vehicle having current antique tags and retained by the owner for antique collection purposes.

~ 159-4. Notice to remove.

Whenever it comes to the attention of the Town of Chestertown that any nuisance as defined in ~ 159-2 of this chapter exists in the Town of Chestertown, a notice in writing shall be served upon the person owning the parcel of property on which the nuisance exists, notifying the owner of the existence of the nuisance and requesting its removal in the time specified in this chapter. In addition, the notice shall be posted conspicuously on the parcel of property upon which the nuisance exists. The vehicle owner, if known and other than the property owner, shall also be notified.

~ 159-5. Responsibility for removal.

Upon proper notice and opportunity to be heard, the owner of the abandoned vehicle and the owner of the private property on which the same is located, either or both of them, shall be responsible for its removal. In the event of removal and disposition by the town, the owner of the property where the vehicle is located and the vehicle owner, either or both of them, shall be liable for the expenses incurred.

~ 159-6. Notice procedure.

The Police Department of the town shall serve the notice of removal described in ~ 159-4 above at least ten (10) days before the time of compliance. Notice shall be deemed served when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered or certified mail to the owner of the private property at the current address shown on the latest completed tax rolls of the town and the vehicle owner's last known address.

~ 159-7. Content of notice.

The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that, upon failure to comply with the notice to remove, the town or its designee shall undertake such removal with the cost of removal to be levied against the owner of the property.

~ 159-8. Request for hearing.

The persons to whom the notices are directed or their duly authorized agents may file a written request for hearing before the Town Council of the Town of Chestertown or its designee within the ten-day period of compliance prescribed in ~ 159-6 for the purpose of defending the charges by the town.

~ 159-9. Procedure for hearing.

The hearing shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least fifteen (15) days in advance thereof.

~ 159-10. Removal of vehicle from property.

If the violation described in the notice has not been remedied within the ten-day period of compliance or in the event that a notice requesting a hearing is filed within the ten-day period specified, and a hearing is held and the existence of the violation is affirmed by the Council of the Town of Chestertown or its designee, the Chief of Police or his designee shall have the right to have the junked motor vehicle removed from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter. At the discretion of the town, a municipal infraction may also be levied following the period described above.

~ 159-11. Notice of removal.

Within forty-eight (48) hours of the removal of such vehicle, the Chief of Police shall give notice to the property owner and the owner of the vehicle, if known, that said vehicle has been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle is stored and the costs incurred by the town for removal and storage.

~ 159-12. Notice of public sale.

A. The Chief of Police shall give notice of public sale not less than fifteen (15) days before the date of the proposed sale. The notice of public sale shall state:

(1) The sale is of abandoned property in the possession of the town.

(2) A description of the vehicle, including make, model, license number and any other information which will accurately identify the vehicle.

(3) The terms of the sale.

(4) The date, time and place of the sale.

B. The vehicle shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale in duplicate, the original of which to be given to the purchaser, and the copy thereof to be filed with the Clerk of the town. Should the sale for any reason be invalid, the town's liability shall be limited to the return of the purchase price.

~ 159-13. Redemption of impounded vehicles.

The owner of any vehicle seized under the provisions of this chapter may redeem such vehicle at any time after its removal upon showing proof of ownership and making payment to the Chief of Police of the actual expenses for removal, storage and reasonable administrative fees incurred in the notification process.

~ 159-14. Liability of owner or occupant.

Upon the failure of the property owner or vehicle owner to pay the unrecovered expenses incurred by the town in such removal and storage, a lien shall be placed upon the property for the amount of such expenses.

~ 159-15. Violations and penalties.

A violation of the terms of this chapter shall be considered a municipal infraction subject to a fine of one hundred dollars ($100.) per day as provided in ~ C11-4B of the Town Charter. Each day shall constitute a separate infraction.