§ 16-65. Removal of inoperable motor vehicles on residential or commercial property.

(a)

It shall be unlawful for any person to keep, except within a fully enclosed building or structure, or otherwise shielded or screened from public view, on any real property zoned residential or commercial within the corporate limits of the town, any motor vehicle, trailer or semitrailer as such as defined in Code of Virginia, § 46.2-100, which is inoperable. One inoperable vehicle may be kept outside of a fully enclosed building or structure, but which is shielded or screened from view by a solid planting or fence. Any other inoperative vehicle must be stored inside a fully enclosed building or structure.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Inoperable motor vehicle, trailer or semitrailer means any motor vehicle, trailer or semitrailer which is not in operating condition; or which, for a period of 60 days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for the operation of same; or for which there is no valid license plate and inspection decal.

Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located.

(c)

The provision of this section shall not apply to a licensed business which on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor, provided nothing contained in this section shall be construed to repeal any zoning ordinance regulating the same. Additionally, no automobile repair facility in any zoning district may have vehicles defined in subsection (a) of this section that are not currently undergoing repair with a valid service write-up providing the customer name, type of service to be performed and the anticipated date of completion stored outside of a fully enclosed building or structure. If the anticipated date of completion has passed, the owner or operator of the facility shall produce documentation of the expected date of completion and the reasons for the delay. In no event shall an inoperable motor vehicle remain on the property of an automobile repair facility for more than 90 days.

(d)

The owners, tenants, lessees and/or occupants of any property zoned for residential or commercial purposes within the corporate limits of the town, upon which any inoperable motor vehicle, trailer or semitrailer is kept and also the owners and/or lessees of such inoperable vehicle, trailer or semitrailer, all of whom are hereinafter referred to collectively as "owners," shall remove therefrom any such inoperative motor vehicle, trailer or semitrailer that is not kept within a fully enclosed building or structure or otherwise shielded or screened from public view.

(e)

If the owners fail to remove any motor vehicle, trailer or semitrailer which is not kept within a fully enclosed building or structure or otherwise shielded or screened from public view from any property zoned residential or commercial upon such motor vehicle, trailer or semitrailer becoming inoperative, such owners, upon conviction thereof, shall be punished according to the provisions of section 1-10 and a separate offense shall be deemed committed on each day during or on which a violation of this section shall continue to occur.

(f)

Whenever the owners fail to remove such inoperative motor vehicle, trailer or semitrailer, the town shall remove the same to a location of its selection, after causing written notice to be served upon the owner or owners of the premises, by registered mail, return receipt requested, to the property address or by personal delivery, stating:

(1)

A description and location of the particular inoperative vehicle, trailer or semitrailer;

(2)

That such inoperative vehicle, trailer, or semitrailer is in violation of this section;

(3)

That upon the failure to remove the same within a period of 15 days after mailing of such notice, the town shall remove the same; and

(4)

That the cost of removal shall be chargeable to the owner of the premises and the owner of the vehicle, trailer or semitrailer.

The cost of any such removal shall be chargeable to the owner of the vehicle or the owner of the premises or both, jointly and severally, and shall be collected by the town as taxes and levies are collected or by suit at law.

(g)

When an inoperative motor vehicle, trailer or semitrailer has been removed and relocated or stored by the town, such inoperative motor vehicle, trailer or semitrailer may be disposed of by sale at public auction, such sale to be conducted no sooner than 45 days after mailing return receipt requested or by personal delivery of a notice to the owner of the motor vehicle, trailer or semitrailer at his last known address. Such sale shall be advertised once a week for two weeks in a newspaper of general circulation in the county. If the address of the owner of such motor vehicle, trailer or semitrailer is unknown and no notice can be delivered to the owner of same, then such sale shall be advertised once a week for four weeks in a newspaper of general circulation in the county with such sale being conducted no sooner than one day following the last advertisement's publication. Such newspaper advertisements shall contain the information required to be given the owner of such vehicle, trailer or semitrailer pursuant to this subsection in addition to description of the vehicle, trailer or semitrailer being sold. The notice of disposal to the owner of the motor vehicle, trailer or semitrailer required under the subsection shall state:

(1)

A description of the particular motor vehicle, trailer or semitrailer and the location from which is was removed by the town.

(2)

That the same was removed due to violation of this section.

(3)

That the vehicle, trailer or semitrailer may be reclaimed upon payment to the town of the cost of removal, storage and any costs of disposal then incurred upon application therefor made at the town manager's office.

(4)

That the vehicle, trailer or semitrailer shall be disposed of by sale at public auction if the cost of removal, storage and disposal are not paid in full prior to the sale.

(5)

The date, time and place of sale by public auction.

The cost of any such disposal including advertising the sale, auctioneer's fee, if any, and preparation of the vehicle, trailer or semitrailer for sale, shall be chargeable to the owner of the vehicle or the owner of the premises or both, jointly and severally, and shall be collected by the town as taxes and levies are collected or by suit at law.

(h)

Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which such inoperative vehicle, trailer or semitrailer was removed, the lien to continue until actual payment of such costs have been made to the town.

(Code 1992, § 8-57; Ord. of 5-17-1988(1); Ord. of 1-20-2004, § 8-57)

State Law reference— Authority to adopt provisions and requirements for junk, wrecked, abandoned vehicles, Code of Virginia, § 15.2-904.

(Code 1992, § 8-57; Ord. of 5-17-1988(1); Ord. of 1-20-2004, § 8-57)

State law reference

Authority to adopt provisions and requirements for junk, wrecked, abandoned vehicles, Code of Virginia, § 15.2-904.