Section 15-35. Definitions.
For the purpose of this Article, the following terms, phrases, words, and derivations shall have the meaning given herein:
- “City” means the Town of Tryon, Oklahoma.
- “Motor vehicle” means any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, and tractors.
- “Junk motor vehicle” means any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded.
- “Antique or Classic Motor vehicle” means any licensed motor vehicle which is twenty-five (25) years of age or older. Provided, however, that the owner of said vehicle must have plans to restore the vehicle to its original condition and must have made reasonable progress within the preceding twelve (12) months toward completion of such restoration.
- “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
- “Private property” means any real property located within the Town of Tryon that is privately owned and which is not included within the definition of public property.
- “Public property” means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
- “Police Chief” means the Police Chief of the Town of Tryon, Oklahoma, or his authorized representative.
- “Town Clerk” means the Town Clerk of the Town of Tryon, Oklahoma, or his authorized representative.
Section 15-36. Storing. Parking or Leaving Dismantled or Other Such Vehicles Prohibited.
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, junked, or partially dismantled condition, whether attended or not, upon any private property within the Town, excepting where reasonable progress is being made toward restoration or repair of such motor vehicle, for a period in excess of ten (10) days, provided, however, that the provisions of this Article shall not apply to antique motor vehicles. Provided further, that this Section shall not apply to any vehicle in an enclosed building, or when any such vehicle has been placed in an appropriate storage place or depository maintained in a lawful place and manner.
Section 15-37. Notice to Remove.
When it comes to the attention of the Police Chief of the Town of Tryon that any vehicle, as defined by this Article, is in violation of any of the provisions of this Article, then notice in writing shall be served on the occupant of the land and where the vehicle exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the violation of this Article and requesting the removal of the vehicle in the time specified in Section 15-39 hereof.
Section 15-38. Responsibility for Removal.
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 the vehicles’ removal. In the event of removal and disposition by the Town of Tryon, the owner of the private property where the same is located shall be liable for the expenses incurred, provided, however, that should the occupant of the property be the owner of said vehicle, then the occupant shall be liable for any expenses incurred.
Section 15-39. Notice procedure.
The Police Chief of the Town shall give notice of removal to the owner or occupant of the private property where the vehicle is located at least five (5) days before the time of compliance. It shall constitute sufficient notice 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 registered mail to the owner or occupant of the private property at his last known address.
Section 15-40. Content of Notice.
The notice shall contain the request for removal within the time specified in this Article and the notice shall advise that upon failure to comply with the notice to remove, the Town, or its designee, shall undertake such removal with the costs of removal to be levied against the owner or occupant of the property.
Section 15-41. Request for Hearing.
The person to who the notices are directed, or their duly authorized agents, may file a written request for hearing before the Board of Trustees of the Town of Tryon, or its designee, within the five (5) day period of compliance prescribed in this Article for the purpose of defending the charges by the Town.
Section 15-42. Procedure for Hearing.
The hearing shall be held as soon as practical and possible after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least five (5) days in advance thereof. At any such hearing, the Town and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
Section 15-43. Removal of Motor Vehicle from Property.
If the violation described in the notice has not been remedied within the five (5) day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the Board of Trustees, or its designee, the Chief of Police, or his designee, shall have the right to take possession of the 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 Article.
Section 15-44. Disposition of Vehicle.
Upon removing a vehicle under the provisions of this Article, the Town shall after ten (10) days cause it to be appraised- If the vehicle is appraised at one hundred dollars ($100.00) or less, the Chief of Police shall execute an affidavit so attesting as describing the vehicle, including the license plates, if any, and stating the location and appraised value of the vehicle. The Chief of Police, after, complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the vehicle is appraised at over one hundred dollars ($ 100.00), the Chief of Police shall give notice of public sale not less than ten (10) days before the date of the proposed sale.
Section 15-45. 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 the sale.
Section 15-46. Public Sale.
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 Town Clerk. Should the sale for any reason be invalid, the town’s liability shall be limited to the return of the purchase price. The revenues derived from any sale provided for herein shall be deposited to the general fund of the Town of Tryon.
Section 15-47. Redemption of Impounded Vehicle.
The owner of any vehicle seized under the provisions of this Article may redeem such vehicle at any time after its removal but prior to the sale or destruction thereof upon proof of membership and payment to the Town Clerk of such sum as he may determine and fix for the actual and reasonable expense of removal and any preliminary sale advertising expenses not to exceed twenty dollars ($20.00) plus two dollars ($2.00) per day for storage for each vehicle redeemed.