§ 34-86. Removal of abandoned or nuisance vehicle; pre-towing requirements.

(a)

A vehicle to be towed or otherwise removed because it has been declared to be an abandoned vehicle or a nuisance vehicle shall be towed only after notice to the owner or person entitled to possession of the vehicle. If the names and mailing addresses of the owners of the vehicle or the real property upon which it is located can be ascertained in the exercise of reasonable diligence, the notice shall be given to both by first class mail. The person who mails the notice shall retain a written record to show the name and address to which this notice was mailed, and the date mailed. If such name and address cannot be ascertained, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle. 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)

If the owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is an abandoned or nuisance vehicle, such appeal shall be made to the board of commissioners in writing, heard at the next regularly scheduled meeting of the board, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.

(c)

An abandoned or nuisance vehicle may be removed without giving the minimum seven days' prior notice only in those circumstances where the authorizing official finds, and enters such findings in appropriate records, a special need for prompt action to maintain the public health, safety, and welfare.

(Code 1985, § 91.03; Code 1999, § 34-118)