§ 66-106. Exceptions to prior notice requirement; grounds.  


Latest version.
  • The requirement that notice be affixed to an abandoned or nuisance vehicle at least 48 hours prior to removal may, as determined by the policing authority, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the policing authority in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include:

    (a)

    Vehicles abandoned on the streets. For vehicles left on the public streets and highways, such circumstances include, and the city council hereby determines that immediate removal of such vehicles may be warranted when they are:

    (1)

    Obstructing traffic (Code section 154-878),

    (2)

    Parked at the designated places identified in Code section 154-777.

    (b)

    Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on city-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the policing authority finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration but not limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.

(M.C.S., Ord. No. 21967, § 1, 6-2-05; M.C.S., Ord. No. 24308, § 1, 2-17-11)