The purpose of this chapter is to prohibit the keeping of dismantled,
wrecked, inoperative, unregistered or abandoned vehicles on private
property; to declare the same to be a nuisance; to provide for the
abatement of such nuisance and for penalties for the violation of
this chapter; and to provide for a lien on real estate for expense
of such removal.
[Amended 10-2-1989 by Ord. No. 9-1-89]
A. No person shall park, store or leave or permit the parking, storing
or leaving of any inoperative vehicle or any parts thereof on private
property within the Town of Indian Head for a period of time in excess
of five days. The presence of an inoperative vehicle or parts thereof
on private property is hereby declared a public nuisance, which may
be abated in accordance with the provisions of this chapter.
[Amended 4-15-1998 by Ord. No. 4-2-98]
B. This section shall not apply to:
(1) Any inoperative vehicle or parts thereof enclosed within a building
or other enclosure that substantially blocks access to and the view
of such vehicle or parts from adjoining property and from adjacent
public streets.
(2) Any inoperative vehicle or parts thereof located on private property ordinarily or regularly used as a commercial establishment for the storage or repair of inoperative vehicles or parts thereof in conformance with Chapter
440, Zoning, of the Code of the Town of Indian Head.
(3) Any operable but unlicensed vehicle that is properly covered by a
car/truck cover purchased at an automotive dealership or automotive
parts and supply establishment. The car/truck cover shall be of a
color so as to inhibit the view of the vehicle but also to blend in
with the immediate surroundings of the vehicle. This shall be limited
to one operable but unlicensed vehicle per parcel of property, as
determined by the Charles County Tax Map.
If a violation of §
410-3 hereof shall be alleged to have occurred, the following procedure shall be instituted:
A. Initial notice of violation. Written notice shall be delivered or
mailed by certified mail, restricted delivery, return receipt requested,
to the owner of record of the property on which the vehicle is located
to abate the violation within five days of the date of delivery of
the notice. A copy of such notice shall be delivered or mailed by
first-class mail, postage prepaid, to the owner of such vehicle, if
known, and the occupant of the property on which the vehicle is located,
if known.
[Amended 4-15-1998 by Ord. No. 4-2-98]
B. Noncompliance. If the terms of the notice are not complied with within a five-day period after receipt of notice by certified mail or after a seven-day period after the date of the mailing of the first-class letter, as provided by Subsection
A above, whichever period terminates first, it shall be considered a municipal infraction pursuant to §
410-5 of this chapter. In addition, the Town shall have the power and authority to take the vehicle into custody and remove it to a storage area maintained or designated by the Town, where the vehicle shall remain for at least 30 days or until it is reclaimed and all costs of towing, storage and preservation of the vehicle are paid by the claimant, whichever occurs first.
[Amended 3-4-1991 by Ord. No. 2-1-91; 4-15-1998 by Ord. No.
4-2-98]
C. Notice of impoundment.
(1) Within seven days after a vehicle is taken into custody, notice shall
be sent by certified mail, restricted delivery, return receipt requested,
to:
(a)
The last known registered owner of the vehicle; and
(b)
Each secured party, as shown on the records of the Maryland
Motor Vehicle Administration or as otherwise known.
(2) The notice shall:
(a)
State that the vehicle has been taken into custody.
(b)
State the year, make, model and vehicle identification number,
if known, and give such other or further description as is reasonably
necessary to identify the vehicle.
(c)
State the name and location of the facility where the vehicle
is being held.
(d)
Inform the owner and secured party of their rights to reclaim
the vehicle within 30 days of the date of the notice, upon payment
of all costs of towing, storage and preservation of the vehicle.
(e)
State that the failure of the owner or secured party to exercise
the right to reclaim the vehicle within the time provided shall be
deemed a waiver by such party to all rights, title and interest in
the vehicle and consent to the sale of the vehicle, as herein provided.
(3) Alternate notice.
(a)
This subsection shall apply if:
[1]
The identity of the last registered owner of the vehicle cannot
be determined.
[2]
The last registration of the vehicle gives no address for the
owner.
[3]
The identity and address of each secured party cannot be determined
with reasonable certainty.
[4]
The certified mail notice required by Subsection
C(1) herein is returned as undeliverable or unclaimed.
(b)
Under any of the conditions described in Subsection
C(3)(a) above, the Town shall give the notice specified in Subsection
C(1) above by publication in at least one newspaper of general circulation in the Town.
(c)
The notice by publication:
[1]
May contain multiple listings of abandoned vehicles.
[2]
Shall contain the information required by Subsection
C(2) of this section.
[3]
Shall be published within 15 days of the taking in custody of
the vehicle or, if notice by publication is made because of the return
as undeliverable of a prior notice by certified mail, within 15 days
of the return of that notice.
D. Reclaiming of vehicle. Any vehicle removed pursuant to this chapter
may be redeemed at any time after its removal but prior to the sale
of the vehicle by the owner of the vehicle or by any secured party
claiming a security interest in the vehicle, upon reasonable proof
of ownership or of the existence of a security interest and upon payment
by the claimant of all expenses of removal, towing, storage, preservation
and sale of the vehicle, including all costs of notice and publication.
E. Failure to reclaim vehicle.
(1) If a vehicle is not reclaimed within 30 days after notice is given
hereunder, the owner or secured party is deemed to have waived all
right, title and interest in the vehicle and to have consented to
the disposition of the vehicle by public sale, and the Town may sell
the vehicle at public sale.
(2) Within seven days after a vehicle is sold, notice shall be sent by
certified mail, restricted delivery, return receipt requested, to:
(a)
The last known registered owner of the vehicle; and
(b)
Each secured party, as shown on the records of the Maryland
Motor Vehicle Administration or as otherwise known.
(3) If a vehicle is disposed of by sale, proceeds of the sale shall be
allocated as follows:
(a)
All expenses for towing, storage, preserving and selling the
vehicle, including all costs of notice and publication incurred under
this chapter, shall be paid first.
(b)
Any remaining proceeds shall be held for 90 days for the owner
of the vehicle and any secured party who may be entitled to the proceeds.
(c)
If no person entitled to receive any remaining proceeds shall
claim them within such ninety-day period, the remaining proceeds shall
revert to the Town.
F. Liability for expenses.
(1) In the event of removal of any inoperative vehicle by the Town, the
owner of the vehicle, the occupant of private property where the vehicle
is located and the owner of the private property where the vehicle
is located shall jointly and severally be liable for all expenses
of removal, towing, storing, preserving and selling the vehicle, including
all costs of notice and publication which have not previously been
paid to the Town.
(2) Such unpaid expenses shall be a lien on the real estate on which
the vehicle was located in the same manner and to the same extent
as an ad valorem tax.
[Amended 3-4-1991 by Ord. No. 2-1-91]
Any person, firm or corporation who or which shall violate any provision of this chapter shall be guilty of a municipal infraction and shall be subject to the penalties set forth in Chapter
1, General Provisions, Article
II, General Penalty, §
1-6. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
In any case where a provision of this chapter conflicts with
a mandatory provision of § 6-104 of the Local Government
Article of the Annotated Code of Maryland, as amended, the provisions
of § 6-104 shall prevail and shall be incorporated herein
as if expressly set forth.