The parking of a motor vehicle on private property
without the consent or permission of the owner or tenant of the property
is a public nuisance.
Upon the discovery of a motor vehicle parked
upon private property without the permission of the owner or tenant
of the private property, the owner or tenant of the property may file
a complaint with the Police Department of the Town or with any court
of competent jurisdiction setting forth the following information:
Upon the receipt of the verified complaint and
upon a finding of probable cause for the issuing of a warrant, the
court of competent jurisdiction shall forthwith issue a warrant to
the police authority of the Town directing the removal of the motor
vehicle. Such warrant shall set forth the make, model and year of
the motor vehicle and the license number and state of registration
of the motor vehicle.
Upon receipt of the warrant, the police authority
shall take the motor vehicle into custody and remove such motor vehicle
or cause it to be removed and stored in a suitable place for safekeeping
at the expense of the owner or operator of such motor vehicle. The
police officer, upon the removal of the motor vehicle, shall notify
the court from which the warrant was issued of the action which has
been taken with respect to such motor vehicle.
A.
If within 72 hours of the removal of motor vehicle,
said motor vehicle has not been reclaimed, the police authority shall
cause a written notice to be mailed to the registered owner of the
vehicle removed and any lien holders of record stating the following:
(1)
That the motor vehicle has been removed pursuant to
this section;
(2)
The place to which it has been removed;
(3)
That the vehicle may be sold to satisfy the costs
of removal of and storage of the vehicle, unless the costs of removal
and storage have been paid in full on or before 30 days from the date
of the removal of the vehicle.
B.
If the address of the owner of the motor vehicle cannot
be ascertained by the exercise of reasonable diligence, then notice
shall be given to any lien holders, and if no lien holders, such notice
shall not be required to be given. Such notice shall be by certified
mail with return receipt requested.
A.
If the costs of the removal and storage of the vehicle
are not paid within 30 days from the date of the removal and storage
of the motor vehicle, the police authority may proceed to sell at
public sale the vehicle so removed and stored.
B.
Notice of the sale shall be posted in at least five
public places within the County of Sussex with at least one such notice
being posted within the corporate limits of the Town and notice shall
be given by mail to the owner of the motor vehicle and any lien holder
of record at the last known address as indicated in the records of
the Motor Vehicle Department of the State of Delaware or otherwise.
Such notice shall describe the vehicle to be sold and shall specify
the day, the hour and place of the sale.
C.
The proceeds of the sale shall be applied first to
the costs of sale, then to the costs of removal and storage of the
vehicle and then to the payment of any liens to which said vehicle
or any part thereof may be subject, in order of their priority, and
any excess shall be delivered to the registered owner of such vehicle.
If the name and address of the registered owner of such vehicle shall
be unknown, such excess of the sale price shall be deposited in a
special account by the Town Clerk of the Town, and if said excess
is not claimed within one year, such funds shall be transferred to
the general funds of the Town.
The provisions of this article shall not be
applicable to any motor vehicle of the Town when parked upon private
parking while on official business, nor to any motor vehicle parked
upon private property at the direction of a police officer, nor to
any maintenance equipment authorized to be upon the property.
Any person who parks a motor vehicle upon private
property without the consent or permission of the owner or tenant
of such property shall, in addition to the other remedies provided
herein shall be fined, upon conviction, not less than $10 nor more
than $100 or be imprisoned for a period not more than 10 days, or
both, and shall pay the costs of prosecution.
