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KennyD1 (Texas)
Posts: 51
Posted:
I'm trying to get our bylaw revise that states that any vehicle that is left unattend for a period of time is in violation. But since most vehicles are parked in front of the home on city street will our laws still hold?
Jadedone4 (Virginia)
Posts: 495
Posted:
I would have to say no, because they are on city streets, which means the local authorities have jurisdiction.

If they are in fact city/local streets, make a call to the locals to address.

Also find out what your community's borders are so that you can draft rules, etc - which are valid for your property.

Look at your local code/ordinances as a guide for your community's rules/regulations (and also so educate on what criteria exists for defining abandoned vehicles, on and off property).
KennyD1 (Texas)
Posts: 51
Posted:
I have contacted our local police commander and he's been out looking into acouple of vehicles, but he stated to me that a vehicle can not be removed or tag only if it's inopreable. Well if the vehicle doesn't move from it's location for over a year, then how do we know if it's inopreable? There should be a law that states if a vehicle does not move over a period of time, then it concered abandon, whouldn't you agree?
PaulM (Pennsylvania)
Posts: 1,347
Posted:
KennyD1: The police have a way of checking whether the vehicle has a current registration. Perhaps you want to have the police be your ally in this situation.

I would not consider a vehicle abandoned if it is parked outside a home and especially outside the home of the vehicle's owner. There can be many reasons why a vehicle has not been moved, but the police can assist you.
Jadedone4 (Virginia)
Posts: 495
Posted:
Kenny, whether or not I agree, for the city/local jurisdiction to address the vehicle there must be a valid law on the books.

I would suggest that you check with another source about what your state codes/statutes (if any) regarding abandoned vehicles. Just because your locals do not have a rule/law on their books, does not necessarily mean that there isn't a state requirement.

What is it about the vehicles which is causing distress?
KennyD1 (Texas)
Posts: 51
Posted:
The vehicle in question was hit by another vehcile and debre is all over the roadway and the vehicle still sits in front of the homeowner home all banged up. One of the neighbors has complain that it's lowering her property value, cause of junked cars. The vehicle has been at this location like this for over 8 months now. I've was able to talk first to the wife, who thinks that in her words "this is a bunch of sh*t" cause the area commander did a background check of the vehicle and it was last register to someone in Ft. Worth, Texas, and we live in Austin, Texas. The vehicle has pass inspection sticker and registration sticker. The husband later came out and talk to me and he agree that it is an eye sore and plans on getting rid of it within this week, but there are other vehicles in the neighborhood that are the same way.
RogerB (Colorado)
Posts: 5,067
Posted:
Kenny, you can check to see if there is a city ordinance. Our City only allows a vehicle to remain parked in the same location for 72 consecutive hours. Also, check the dedication plat for your HOA's streets. If on the plat the HOA reserved the right to enforce restrictions on the streets then your HOA has the right to act in accordance with your CC&Rs. For many associations their CC&Rs would not allow this vehicle.
BradP (Kansas)
Posts: 2,640
Posted:
Kenny:

Good advice from others, first check your city ordinances. Our are pretty strict, you can only stay parked in one location for 24 hours. Our police consider a vehicle abandoned if it does not have current registration, otherwise we are out of luck on that front. That is where I would start, your city has to have some kind of ordinance for that.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Kenny, does your city or county government have an Inspections, Permits and Licenses board of any kind? Does it have a CODE enforcement entity?

Here in our city in Kentucky we do and it covers autos, whether parked on street or on someone's property, that if inoperable, it is cited and the owner must remedy or face fines and liens from the city / county (our Metro area).

At one time we had a CC&R that restricted people from parking on the grass in their lot. Somehow, during one of the revisions of that amendment, the attorney left off that sentence. Unfortunately since it was approved without it, we cannot go back and add it in.

Fortunately, because there is a Metro Code that prohibits parking of ANY vehicle on ANY grass (non-solid surface), we can now call Metro IPL Code enforcement officers and they come out, investigate and cite/fine if cars are on grass.

Hope something works out for you.

DavidR5
Posts: 99
Posted:
Why not get some kid to steal the plates and then you can have it towed by the city. Sometimes you have to do what you have to do
KennyD1 (Texas)
Posts: 51
Posted:
Kinda funning that you mention that DavidR5. Cause another option the officer said was if it has a flat tire it's consider inoperable. Mostly sounded to me as if he wanted me to go flaten the tires of the vehicles that we wanted ticketed or towed out of here ...
JudithC (Virginia)
Posts: 253
Posted:
Maybe the officer was giving you a hint. I have found, however, that there is often a disconnect between what the police know and what the ordinance states. I would check the code. Ours has two categories of abandoned. If it doesn't have proper registration, etc. it can be towed more quickly, but still if it doesn't move for 10 days it is considered abandoned no matter what. There may also be a separate department you call to get abandoned cars towed, not the regular police department but their impound lot. I was complaining about how non-cooperative our police department was and our attorney told me we were calling the wrong number for towing! Live and learn ...
DavidR5
Posts: 99
Posted:
Quote:
Posted By JudithC on 07/25/2007 8:32 PM
Maybe the officer was giving you a hint. I have found, however, that there is often a disconnect between what the police know and what the ordinance states. I would check the code. Ours has two categories of abandoned. If it doesn't have proper registration, etc. it can be towed more quickly, but still if it doesn't move for 10 days it is considered abandoned no matter what. There may also be a separate department you call to get abandoned cars towed, not the regular police department but their impound lot. I was complaining about how non-cooperative our police department was and our attorney told me we were calling the wrong number for towing! Live and learn ...

There was recently a situation in South Florida where a cop towed a car for having an expired registration, and a boatload of drugs was found in the car. The guy eventually got off, as the court determined that the police had no right to tow the car just because of an expired tag. Illegal search and seizure.
Jadedone4 (Virginia)
Posts: 495
Posted:
Kenny, as noted in previous posts, since the vehicle is not part of your HOA's "jurisdiction" you would need to have the local municipality address. I would be diligent about contacting them regarding this matter - based on the information you have posted here (vehicle was damaged as result of accident, debris on roadway, registration may not match up with stickers on vehicle, etc). Also I would add that if your local police department did not take action, then you might consider (if applicable to your area) your Sheriff's office or State police law enforcement agencies for assistance - they often have overlapping jurisdictions.
BradP (Kansas)
Posts: 2,640
Posted:
Kenny:

As tempting as it is I would refrain from removing license plates or flattening tires. That is a black eye and media event your HOA doesn't want, not to mention if the person gets caught they are stuck with that rap.
BarneyC
Posts: 50
Posted:
I'd guess they were joking about removing plates and flattening tires...
BradP (Kansas)
Posts: 2,640
Posted:
Barney:

I am sure they were joking, however, it was mentioned and temptation in some situations clouds judgement.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This somehow reminded me of a situation I knew of a few years ago. One of my co-workers was murdered not long after leaving work. Somehow on the way home she picked up someone. (He may have been an acquantence of her boyfriend.) They got into an argument and he killed her. He stuffed her body into the trunk of the car. Later, that night he decided to rob a liquor store. The police chased him for a few miles. They pulled him over and arrested him.

Now a few hours later he's posting bond. However, his car is still sitting ABANDONED on the side of the road where the POLICE left it! One of the police officers decides to go check on this car just hours before the guy is released. That's when they find my co-workers body in the trunk of the car! Needless to say, the guy was denied bail and put back into jail.

So you may need to check the local laws on abandoned vehicles. They vary between city to city to state to state. Why the police never towed this vehicle and searched it is still a mystery. I do know that if they see an abandoned vehicle on the side of the highway they do mark it with a bright orange sticker. After a day or two they then officially tow it. I've seen cars last a week on the side of the road before.

You can always call the police and tell them you "smell a strange odor" coming from the trunk if you want. That may get some kind of action!

Former HOA President
RonaldW (South Carolina)
Posts: 901
Posted:
The city or town may have an ordinance. Ours only allows 24 hours parked in the same spot. The police don't routinely check, someone would have to complain.

Our covenants do not allow "overnight parking" on the streets but they are public streets. We can enforce this covenant against a member or a memner who allows guests to park on the steet overnight but not against an outsider.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By n/a on 07/25/2007 2:51 AM
Why not get some kid to steal the plates and then you can have it towed by the city. Sometimes you have to do what you have to do

That's not a serious suggestion, is it?

As HOA officers, we have to act as adults.

Ron
SC
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Take pictures and date them, wait two weeks and do it again.
Take picture to the City Council Meeting, give them pictures, suggest they are abandoned and tell them you will be back in two weeks if they are not moved.
JanM (Texas)
Posts: 142
Posted:
You may want to check who the car belongs to also. It could belong to someone who is doing a tour in Iraq or Afghanistan.
KennyD1 (Texas)
Posts: 51
Posted:
I've talked to the owners. They wife was happy with me, cause the police department provide me the information about the vehicle and the owners. The tags are expire and a broken down vehicle sits in the street. The husband agree that it's an eye sore and promise me that he would have it remove a month ago. I'm thinking about checking deeply into this matter, and get a city ordence enforce about things like this.
ChloeL (Oregon)
Posts: 46
Posted:
Being wrecked may be cause to have it towed under the hazard statute. Check your statutes to see what is considered a hazard, how far from curb, driveway, storm drain, fire hydrant. Then call your local police and let them know that it is a hazard, providing you can find cause in the city/state statutes or local ordinances.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By KennyD1 on 08/15/2007 2:25 PM
I've talked to the owners. They wife was happy with me, cause the police department provide me the information about the vehicle and the owners. The tags are expire and a broken down vehicle sits in the street. The husband agree that it's an eye sore and promise me that he would have it remove a month ago. I'm thinking about checking deeply into this matter, and get a city ordence enforce about things like this.

Kenny:

I am surprised your municipality has no ordinance against this. Most places I have lived in have some type of ordinance that deals with this type of issue. I would lobby your city leaders and get them to take action or create an ordinance.
ChloeL (Oregon)
Posts: 46
Posted:
I owned a home in Washington and had almost the same thing. We lived on a short dead end street and our property took up the whole side of the street to the end. There was a grassy area between the street and our retaining wall and fence. Someone towed a vehicle and left it, rope still attached to it. We called the sherrif and they wouldn't do anything about it. We had to keep calling and complaining to each deputy that arrived to check it out. Finally one of the Deputy's took it seriously and agreed that it definately appeared to be abandoned. It took effort to convince them but due dillegence paid out in the end. I wasn't in the towing business then and I didn't know the key words to catch their attention. Keep protesting and something will eventually be done. Tell them it's already been involved in an accident where it sits so it is obviously a hazard. Not to mention the debris around the vehicle is a hazard also and there are laws against debris in the road. Read all the statutes that involve abandoned vehicles, hazard vehicles, roadway debris, etc. Eventually you will find what you need to get the police to act. The problem with abandoned vehicles is there are so many of them and not many tow companies that have the facilities to store them and lien them, and when it can be disposed of, the price of scrap is so low the companies actually loose money. Just keep calling and complaining!
LeeS1 (New Mexico)
Posts: 24
Posted:
Our county has an ordinance that covers abandoned vehicles, defined as those with expired tags or those left on the street for more than 30 days. Check with your local jurisdiction, which might be able to help.

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