Sec. 18-52. - Notice to remove summons to appear.

(a)

Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle or abandoned motor vehicle of no value is located on any property, public or private, in the city, or that a nonoperational motor vehicle is located on private property in the city without the consent of the property owner as defined in this chapter, the police department or the department of code enforcement shall post or attach to the vehicle, 48 hours prior to towing, a notification of abandoned or nonoperational vehicle indicating that the vehicle will be towed.

(b)

Summons to appear.

(1)

Whenever it comes to the attention of the police department or the department of code enforcement that any nonoperational motor vehicle as defined in this chapter exists on private property in the city with or without consent of the owner of said private property, a notice in writing shall be served upon the owner of the land where said motor vehicle is located and upon the vehicle's owner or last known owner notifying them of the existence of the violation and requesting its removal within three days. Said notice shall also include a summons to appear in the municipal court by certified mail or in person on a date certain, if the vehicle is not removed within the prescribed time.

(2)

The notice and summons to appear may be served by any sheriff, deputy sheriff, constable, police constable, city sergeant or police officer. It shall also constitute sufficient notice and service of process when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by certified mail to the owner of the vehicle, if known, or the owner of the property at his last known address.

(c)

Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle, abandoned motor vehicle of no value or a nonoperational motor vehicle is located on any property, public or private, in the city, with or without the consent of the property owner, and said motor vehicle is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety and welfare of the inhabitants of the city, the police department or the department of code enforcement shall immediately tow the motor vehicle in question without prior notification. However, the owner of said vehicle shall be entitled to a full and fair hearing in the municipal court within 14 days of the date that the owners and lienholders are given notice that the vehicle has been towed as set forth in this chapter.

(Code 1994, § 18-40; Ord. of 9-30-2002(1))

State Law reference— Notice on abandoned motor vehicles, G.L. 1956, § 31-42-2.