Chapter 151 Vehicles, Abandoned

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Chapter 151 Vehicles, Abandoned 151-1 Title 151-2 Definitions And Word Usage 151-3 Parking And Storage Time Limit; Declaration Of Nuisance; Exceptions 151-4 Notice To Remove 151-5 Responsibility For Removal 151-6 Notice Procedure 151-7 Content Of Notice 151-8 Removal Of Motor Vehicle From Property 151-9 Notice Of Removal 151-10 Public Sale 151-11 Contents Of Public Sale Notice 151-12 Liability Of Owner Or Occupant 151-13 Violations And Penalties [HISTORY: Adopted by the Town Council of Centreville 3-16-1995 by Ord. No. 816. Amendments noted where applicable.] GENERAL REFERENCES Vehicles and traffic — See Ch. 154. Non-self-propelled vehicles — See Ch. 158. 151-1 Title This chapter shall be known and may be cited as the "Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicle Ordinance." 151-2 Definitions And Word Usage When not inconsistent with the context, words used in the present tence include the future, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein: CHIEF OF POLICE. The Chief of Police in the Town of Centreville. JUNKED MOTOR VEHICLES. Any motor vehicle, as defined by this § 151-2, which does not have lawfully affixed thereto an unexpired license plate or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded. [Amended 10-4-2007 by Ord. No. 17-2007] MOTOR VEHICLE. Any vehicle which is self-propelled and designed to travel along the ground and shall include but not be limited to automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, camper and trailers. 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 public property as defined in this section. PUBLIC PROPERTY. Any street or highway which shall include the entire width between the boundary lines in every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility. TOWN. The Town of Centreville. 151-3 Parking And Storage Time Limit; Declaration Of Nuisance; Exceptions No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled condition whether attended or not, upon any public or private property within the Town for a period of time in excess of 72 hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled vehicle or part thereof on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any vehicle enclosed within a building on private property or to any motor vehicle, with current registration and in operable condition or to any motor vehicle, in operable condition, specifically adopted or designed for operation on drag strips or raceway. [Amended 12-18-2001 by Ord. No. 10-01] 151-4 Notice To Remove Whenever it comes to the attention of the Chief of Police that any nuisance as defined in § 151-2 of this chapter exists in the Town of Centreville a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter. 151-5 Responsibility For Removal Upon proper notice, the owner of the abandoned, wrecked, dismantled, or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the Town, the owner, or occupant of the private property where same is located, shall be liable for the expenses incurred. 151-6 Notice Procedure The Chief of Police of the Town, or his designee, shall give notice of removal to the owner or occupant of the private property where it is located, at least seven days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his last known address. 151-7 Content Of Notice The notice shall contain the request for removal within the time specified in § 151-6, and the notice shall advise that, upon failure to comply with the notice to remove, the Town or its designee will undertake such removal with the cost of removal to be levied against the owner or occupant of the property. 151-8 Removal Of Motor Vehicle From Property If the violation described in the notice has not been remedied within seven days of compliance, said owner and/or occupant of the property shall be in violation of the provisions of this chapter. Said violation shall be a municipal infraction and said person or persons violating this chapter or any section thereof shall be subject to a fine as provided in § 151-13. [Amended 12-18-2001 by Ord. No. 10-01] Furthermore, the Chief of Police or his designee, shall have the right to take possession of the junked motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter. 151-9 Notice Of Removal Within 48 hours of the removal of such vehicle, the Chief of Police or his designee shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that said vehicle or vehicles have been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle or vehicles are stored and inform the owner or occupant of the private property from which the vehicle was removed of his right to reclaim the vehicle within three weeks after the date of the notice, on payment of all towing, preservation and storage charges resulting from taking or placing the vehicle in custody. The notice shall further provide that failure of the owner or occupant of the private property from which the vehicle was removed to exercise his right in the time provided is: A waiver by him of all his right, title and interest in the vehicle; and A consent to the sale of the vehicle at public sale. 151-10 Public Sale After the owner or occupant of private property from which the vehicle was removed has failed to reclaim the vehicle as provided in § 151-9 above, the Town shall publish a notice of public sale in a newspaper published in Queen Anne's County, Maryland. The notice shall be inserted in said newspaper once a week for two weeks immediately preceding the sale. Said sale shall take place no less than 15 days following the first such insertion in the aforesaid newspaper. The vehicle shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale in duplicate, the original of which is to be given to the purchaser, and the copy thereof to be filed with the Motor Vehicle Administration of Maryland or any other appropriate agency. Should the sale for any reason be invalid, the Town's liability shall be limited to the return of the purchase price. 151-11 Contents Of Public Sale Notice The notice of sale shall state: The sale is of abandoned property in the possession of the Town. A description of the vehicle, including make, model, license number and any other information which will accurately identify the vehicle. The terms of the sale. The date, time and place of sale. 151-12 Liability Of Owner Or Occupant If the moneys collected from the sale of the vehicle, as described above, is not enough to reimburse the Police Department or its agent for the cost of towing, preserving and storing the vehicle, and for the expense of sale, including all publication and notice costs, and auctioneer's fees, the owner or occupant of the property upon which the abandoned vehicle has been removed by the Town shall be liable to the Town for the deficiency resulting from the sale. 151-13 Violations And Penalties Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.b of the Town Code. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025