Ordinance 5: Abandoned Vehicles

ORDINANCE # 5 ABANDONED VEHICLES

Be it ordained by the Council of the Town of Townsend, State of Delaware, in Council met and Ordained as Follows:

SECTION I
It shall be unlawful for any persons, firm, association, or corporation to allow any motor vehicle, trailer, or parts thereof, to be abandoned upon the streets, alleys, or other public lands, within the Town of Townsend.

SECTION II
It shall be unlawful for any person, firm, association, or corporation being the owner of any land within the corporate limits of the Town of Townsend to allow any persons, firm, association, or corporation to allow to be deposited or to leave abandoned upon their lands any motor vehicle, trailer, or parts thereof.

SECTION III
For the purpose of this Ordinance any motor vehicle, or trailer or parts thereof which has remained continuously in one (1) location for a period of seven (7) consecutive days shall be considered to be abandoned if the registered owner of said property has been notified by the President of the Council, of the Town of Townsend, that such property is considered to be abandoned.

SECTION IV
Any owner of real property who allows abandoned property to remain upon their real property for a period of seven (7) consecutive days, after being notified by the President of the Council, of the Town of Townsend of the complaint, shall be guilty of a violation of this Ordinance, and upon conviction thereof before any Justice of the Peace residing the State of Delaware, or Alderman of the Town of Townsend, be fined not less than ten dollars ($10.00), or more then fifty dollars ($50.00) for each offense.

Each day that a violation is allowed to continue after notice by the President of the Council, of the Town of Townsend shall constitute a separate offense.

SECTION V
Any person, firm, association, or corporation who has received notification that they are in violation of either Section I or II of this Ordinance, and who refuses or fails to remove or have removed the violation within ten (10) days shall have consented to the removal of said violation by the Town of Townsend. The President of the Council, of the Town of Townsend is authorized to enter upon such property, himself, or through such persons, firms, or associations under contract of the Town, for the purpose of removing the violation and charging the costs of removal to the owner of the abandoned property, or the owner where the abandoned property was located, or both. The cost shall include labor and materials actually expended to remove the violation. In the event that the town must issue Civil execution to collect any debts for said removal, the additional legal costs actually incurred (including actual fees charged by attorneys, auctioneers, constables, etc.) shall be charged against the violator.

First Reading: June 3, 1978 Second Reading: July 11, 1978 Third Reading: August 8, 1978 Passed by Town Council: September 17, 1985 Signed by Town Council President: Carlene U. Foraker

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