[HISTORY: Adopted by the Township Board of the Township of
New Buffalo 3-5-2018 by Ord. No.
20180305. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes:
A vehicle that has remained on public property, unmoved, for
a period of not less than 48 hours;
A vehicle that has remained on private property without the
consent of the owner;
A vehicle which is unlicensed or can no longer propel itself,
that has remained parked, stored or placed on private property for
more than five days.
Any wheeled vehicle which is self-propelled or intended to
be self-propelled.
No person shall abandon a motor vehicle or part thereof on the
premises of another. A person who violates this chapter and who fails
to redeem the vehicle before disposition of the vehicle under this
chapter is responsible for a civil infraction.
No person shall park, store or place an unlicensed vehicle on
private property for more than five days. In addition, no vehicle
which can no longer propel itself which is partially dismantled, wrecked,
junked or discarded, or any parts thereof, shall not be parked, stored
or placed in the open for more than five days. This provision shall
not apply to junkyards operating under special land use permits.
A.
If a vehicle has remained on public property for a period of time
so that it appears to the Municipal Ordinance Violations Bureau to
be abandoned, the Ordinance Enforcement Officer shall determine if
the vehicle has been reported stolen and affix a written notice to
the vehicle. The written notice shall contain the following information:
(1)
The date and time the notice was affixed.
(2)
The name and address of the Municipal Ordinance Violations Bureau.
(3)
The name of the Ordinance Enforcement Officer affixing the notice.
(4)
The date and time the vehicle may be taken into custody and stored
at the owner's expense or scrapped if the vehicle is not removed.
(5)
The year, make and vehicle identification number of the vehicle if
available.
B.
If the vehicle is not removed within 48 hours after the date the
notice was affixed, the vehicle is deemed abandoned and the Municipal
Ordinance Violations Bureau may have the vehicle taken into custody.
C.
When the Municipal Ordinance Violations Bureau has taken the vehicle
into custody as abandoned, it shall do all of the following:
(1)
Recheck to determine if the vehicle has been reported stolen.
(2)
Within 24 hours after taking the vehicle into custody, enter the
vehicle as abandoned into the law enforcement information network.
(3)
Within seven days after receiving notice that the vehicle has been
taken into custody, the Secretary of State shall send to the last
title owner and secured party, as shown by the records of the Secretary
of State, by first-class mail or personal service, notice that the
vehicle is considered abandoned. The form of the notice shall contain
such information as required by statute.
D.
The owner may contest the fact that the vehicle has been deemed abandoned
or the reasonableness of the towing fees and daily storage fees by
requesting a hearing pursuant to MCLA § 257.252a.
E.
If the owner does not request a hearing, he may obtain the release
of the vehicle by showing proper identification and proof of ownership
of the vehicle to the Municipal Ordinance Violations Bureau, and paying
the required fee.
A.
If a vehicle has remained on private property without the consent
of the property owner, the owner of the private property may have
the vehicle taken into custody as an abandoned vehicle by contacting
a local towing agency. Before removing the vehicle from private property,
the towing agency shall notify the Municipal Ordinance Violations
Bureau that the vehicle is being removed. The Ordinance Enforcement
Officer shall determine if the vehicle has been reported stolen and
have the vehicle entered into the law enforcement information network
as an abandoned vehicle.
B.
The owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing as outlined in § 415-4D above. If the owner does not request a hearing, he may obtain the release of the vehicle by showing proper identification and proof of ownership of the vehicle to the custodian of the vehicle, and paying the required fee.
C.
If a vehicle has remained on private property for a period of time
so that it appears to the Municipal Ordinance Violations Bureau to
be abandoned either by not being properly licensed and/or being a
junk vehicle, the Ordinance Enforcement Officer shall determine if
the vehicle has been reported stolen and affix a written notice to
the vehicle. The written notice shall contain the following information:
(1)
The name and address of the Municipal Ordinance Violations Bureau.
(2)
The date and time the notice was affixed.
(3)
The name of the Ordinance Enforcement Officer affixing the notice.
(4)
The date and time the vehicle may be taken into custody and stored
at the owner's expense or scrapped if the vehicle is not removed.
(5)
The year, make and vehicle identification number of the vehicle if
available.
D.
If the vehicle is not removed within 48 hours after the date the
notice was affixed, the vehicle is deemed abandoned and the Municipal
Ordinance Violations Bureau may have the vehicle taken into custody.
E.
When the Municipal Ordinance Violations Bureau has taken the vehicle
into custody as abandoned, it shall do all of the following:
(1)
Recheck to determine if the vehicle has been reported stolen.
(2)
Within 24 hours after taking the vehicle into custody, enter the
vehicle as abandoned into the law enforcement information network.
(3)
Within seven days after receiving notice that the vehicle has been
taken into custody, the Secretary of State shall send to the last
title owner and secured party, as shown by the records of the Secretary
of State, by first-class mail or personal service, notice that the
vehicle is considered abandoned. The form of the notice shall contain
such information as required by statute.
F.
The owner may contest the fact that the vehicle has been deemed abandoned
or the reasonableness of the towing fees and daily storage fees by
requesting a hearing pursuant to MCLA § 257.252a.
G.
If the owner does not request a hearing, he may obtain the release
of the vehicle by showing proper identification and proof of ownership
of the vehicle to the Municipal Ordinance Violations Bureau, and paying
the required fee.
Not less than 20 days after the disposition of the hearing described in § 415-4 or 415-5 above or, if a hearing is not requested, not less than 20 days after the date of the notice, the Municipal Ordinance Violations Bureau, if the abandoned vehicle is found on public property, or the custodian of the vehicle if the vehicle is found on private property, shall offer the vehicle for sale at a public sale pursuant to MCLA § 257.252g. Recoupment of accrued towing and storage charges shall be pursuant to MCLA § 257.252g and MCLA § 257.252i.
A.
Civil fines. Violation of the provisions of this chapter or failure
to comply with any requirements shall constitute a municipal civil
infraction. Any person or other entity who violates any provision
of this chapter is responsible for a municipal civil infraction and
shall be responsible for civil fines as established from time to time
by resolution of the Township Board. Check with the Municipal Ordinance
Violations Bureau for the Schedule of Civil Fines and Costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Costs. Additional costs may include but are not limited to towing,
storage, legal ownership checks and title requests. These items may
be billed separately.
