The chapter shall be known and may be cited as the "City of Hagerstown Vehicle Abatement Ordinance."
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 4-22-2025 by Ord. No. O-25-05. Amendments noted where applicable.]
It is hereby declared and ordained by the Mayor and Council of the City of Hagerstown to be the public policy of the City to preserve, protect, and improve the aesthetic nature of the community and to prevent and prohibit conditions which are detrimental to the property of others or which cause or tend to cause substantial diminution in the value of properties in the City.
In general, the following words have the meanings indicated below:
Any vehicle:
The Planning and Code Administration Department, or its successor.
Situated within a building or a structure; however, any such building or structure shall be fully enclosed with four complete, solid walls with a roof and shall have been constructed in compliance with all applicable City Code, including but not limited to permitting.
In a condition where the vehicle is not capable of passing all required tests and inspections imposed by the laws of the State of Maryland for a vehicle to be operated on public roads or highways in the state; or
For a period of 30 days or longer, being partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for safe and lawful operation of the vehicle.
Any person not an owner having a present possessory interest in said real property.
Any person who is properly designated on the tax records as the owner of said real property by the Department of Assessments and Taxation.
The current or last known person to have registered or licensed said vehicle, where applicable, and/or any person so named as the owner, buyer, or purchaser in a bill of sale, or title for said vehicle.
Any individual, firm, partnership, corporation, association or entity of any kind.
A vehicle includes but is not limited to an automobile, truck, bus, van, motorcycle, camper, motor home, and trailer.
A.
No person shall maintain, park, store, or leave, or permit the maintaining, parking, storing, or leaving, of any abandoned vehicle on private property within the City of Hagerstown. The presence of an abandoned vehicle on private property in the City of Hagerstown is hereby declared a public nuisance and a danger to the health, safety, and welfare of the public and therefore may be abated in the manner set forth herein.
B.
In the event that an abandoned vehicle is found to exist on any property, the following procedure for its abatement shall be followed:
(1)
Any abandoned vehicle located on private property and deemed to be an imminent hazard to the life, safety, or health of the public may be removed by the City of Hagerstown without first providing any prior notice, or option to cure, to the owner of the vehicle or the owner of real property and/or occupant of real property upon which it is located.
(2)
Except as provided above, written notice shall be sent by registered mail, return receipt requested, to the owner of real property and/or occupant of real property upon which an abandoned vehicle is located and owner of vehicle, requiring the abandoned vehicle be licensed, repaired, removed, or enclosed within 30 days of the date of mailing of the notice. A copy of the notice shall be posted on the property which the abandoned vehicle is located and on said vehicle.
(3)
If the abandoned vehicle is not licensed, repaired, removed, or enclosed within the 30-day period, the City shall then have the power and authority to take the abandoned vehicle into custody and physically remove it or cause it to be removed to a storage area maintained or designated by the City where the vehicle shall remain for at least 30 days or until it is redeemed and all costs incurred by the City are paid, whichever occurs first. Neither the City and its agents, nor the towing facilities and it agents shall be held liable for any damage to the abandoned vehicle or real property or theft of the abandoned vehicle, any part thereof, or any property within or attached to the abandoned vehicle that may occur while taking the abandoned vehicle into custody or during the custody period.
(4)
Within seven days after an abandoned vehicle is taken in custody, including pursuant to Subsection B(1) above, the Department shall send notice by registered mail, return receipt requested, to the owner of the vehicle and any secured party shown on the records of the State Motor Vehicle Administration. The notice shall also be posted at the real property on which the abandoned vehicle was located. The notice shall state:
(a)
The year, make, model, and vehicle identification number of the abandoned vehicle, if known, and give such other or further description as is reasonably necessary to identify it;
(b)
That the vehicle has been taken into custody;
(c)
The name and location of the facility where the vehicle is being held;
(d)
Inform the recipient of their rights to redeem the abandoned vehicle within 30 days from the date of the notice, upon payment of all costs, including towing, storage, preservation of the vehicle, and applicable fees or fines; and
(e)
Inform the recipient that the failure to exercise these rights to within the time provided shall be deemed a waiver of all right, title, and interest in the vehicle and consent to its sale as herein provided.
C.
In the event that the identity or address of the owner of the vehicle cannot reasonably be determined or the notice required by Subsection B(4) above is returned as undeliverable, the Department shall give notice by posting a notice complying with the provisions of subsection d above in the Circuit Court for Washington County within 15 days of taking the vehicle into custody or within seven days of the return of the prior notice.
D.
Any and all owners of the vehicle and lien holders shall be deemed to have waived all right, title, and interest in the vehicle and consented to the sale or disposal of the vehicle if they fail to redeem the vehicle as provided herein.
E.
Any abandoned vehicle taken into custody and not redeemed as provided herein may be sold by the City at public sale or disposed of by any other reasonable means which the City may elect. The proceeds of any sale of an abandoned vehicle shall be first applied to all expenses for taking custody, towing, storing, preserving, selling, transferring, and/or disposing of the vehicle, including all costs of notices and reasonable attorneys fees. Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to the general fund of the City.
In the event that any vehicle is taken into custody pursuant to this chapter and sold rather than redeemed, costs in excess of sale price incurred in taking custody, towing, storage, preservation and sale, including the cost of all notices, shall be the joint and several liability of the owner of the real property, owner of the vehicle, and occupant of the real property, and such expenses shall be a lien on the real property upon which the vehicle was located and collected in the same manner as real estate taxes.
Nothing contained in this chapter shall apply to the following:
A.
Any vehicle which is enclosed,
B.
Any real property or the vehicle on the same, if said real property is in a zoning district to permit, and the real property is legally operated with a current zoning certificate as, an automotive dealership or showroom, junkyard, salvage yard, vehicle storage lot, or vehicle repair business.
The Department, pursuant to an application, may grant permits for possession of an abandoned vehicle for a period of up to six months. Permits shall be issued to an owner or occupant of real property for good cause, such as sale, repair or restoration. The cost of the permit shall be $75. A permit may only be obtained for one vehicle per property within a five-year period. The permit must be displayed upon the vehicle in a conspicuous space. Permits shall not be extended or renewed.
Any person on whom a notice to abate has been served in accordance with this chapter and who refuses or neglects to comply with any of the requirements thereof within the time specified shall be issued a municipal infraction and shall be subject to a fine of $200 per vehicle. Each day that said person is in violation shall be deemed a separate and additional offense.