This chapter shall be known and may be cited as the "Abandoned, Wrecked,
Dismantled, Inoperative or Unregistered Vehicle Ordinance."
For the purposes of this chapter, the following terms, phrases, words,
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include future, words in
the plural number include the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and not merely
directory.
ABANDONED VEHICLE
Any vehicle which is left unattended on public property for a period
in excess of two weeks under such circumstances as to cause such vehicle reasonably
to appear to have been abandoned.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
PRIVATE PROPERTY
Any real property within the Town which is privately owned and which
is not defined as "public property" herein.
PUBLIC PROPERTY
Any real property in the Town which is owned by a governmental body
and includes buildings, parking lots, parks, streets, sidewalks, rights-of-way,
easements and other similar property.
TOWN
The Town of Ocean View.
VEHICLE
A machine propelled by power other than human power designed to travel
along the ground by use of wheels, treads, runners or slides and transport
persons or property or pull machinery and shall include, without limitation,
automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
WRECKED, JUNKED, DISMANTLED, OR INOPERABLE VEHICLE
Any vehicle, the condition of which is wrecked, junked, dismantled,
partially dismantled, is in such a state of disrepair to be incapable of being
operated in the manner for which it was designed, or from which the wheels,
engine, transmission, or any substantial part thereof have been removed, regardless
of whether said vehicle bears a current registration.
No person shall abandon or leave any wrecked, dismantled or inoperable
vehicle, whether attended or not, upon any public property within the Town
for a period of time in excess of 72 hours. The presence of such vehicles,
or parts thereof, on public property is hereby declared to be a public nuisance
which may be abated in accordance with the provisions of this chapter. The
temporary or intermittent movement or removal of such vehicle shall not be
deemed to interrupt the running of the seventy-two-hour period. This section
does not apply to vehicles parked or stored on public property by the Town.
Within the time for removal set forth in the order for removal, or within
72 hours of the hearing at which the Town Council determines that the vehicle
is a nuisance in violation of this chapter, the owner of the abandoned, wrecked,
dismantled, or inoperable vehicle and (if on private property) the owner or
occupant of the private property on which the same is located, any or all
of them, shall cause the removal of the vehicle. If the violation is not remedied
within the time set forth herein, the Ocean View Police Department is hereby
authorized to remove or have removed such vehicle from the premises. Except
for the Ocean View Police Department and employees of the Town working in
concert with the Ocean View Police Department, such vehicles will be removed
only by wreckers or towing services duly licensed by the State of Delaware.
It shall be unlawful for any person to interfere with, hinder or refuse to
allow the Ocean View Police Department and/or any person acting in concert
with or at the direction of the Ocean View Police Department to enter upon
private property for the purpose of removing a vehicle under the provisions
of this chapter.
Any person who tows, removes, stores, or keeps a vehicle at the direction
the Ocean View Police Department acting under the provisions of this chapter
shall, from the time to taking possession thereof, be entitled to all rights,
remedies and authority as provided under the Lien of Garagemen Statute, 25
Del. C. §3901 et seq., as it may be amended from time to time hereafter
or any future corresponding provision of law. In exercising such rights, remedies,
and authority, such persons shall be governed, in all respects, by the terms
of that statute.
In the event that the Town be or becomes liable for all or any portion
of the expenses incurred in the removal and storage of such vehicle, the Town
may:
A. Recover same from the owner of the vehicle and/or the
owner of the private property from which it was removed in an action for debt;
or
B. Add that amount to the tax bill of the person owning
the private property from which the vehicle was removed, or both; provided,
however, that wherever the private property from which such vehicle has been
removed if occupied by a person other than the owner of that property, the
occupant shall be primarily responsible, and the Town shall not seek to recover
from the owner of the property (either in an action at law or by tax collection
proceedings) before it exhausts reasonable efforts to recover from the occupant,
but this shall not prohibit the Town from joining both the property owners
and occupant in one action for debt.
Any person knowingly causing or permitting a nuisance to exist in violation
of this chapter shall forfeit and pay a fine of not more than $100 plus costs
of prosecution. Each day following the expiration of the seventy-two-hour
period for removal shall constitute a separate offense.