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HomeMy Public PortalAbout1976_08_11_O014 Amending Sec. 10-157 of the TC re ParkingORDINANCE NO. AN ORDINANCE: TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED August 11~ 1976 76-0-14 ADOPTED August 11~ 1976 AMENDING SECTION 10-157 OF THE TOWN CODE. BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. That Section 10-157 of the Town Code is hereby amended to read as follows: Sec. 10-157. Parking or storing inoperative vehicles on property located within the town. (a) The 'provisions of this section shall not apply to licensed businesses which are legally engaged in business as motor vehicle dealers, salvage dealers or scrap processors. (b) As used in this section the word "operative" shall be construed as the minimum condition of the motor vehicle requirsd to obtain a valid inspection sticker under the pro- visions of the Code of Virginia, Title 46.1. As used in this section the words "motor vehicle" shall be construed as any motor vehicle, trailer or semi-trailer, as such are defined in Section 46.1-1 of the Code of Virginia, as amended. As used in this section the term "economically impractical to make it operative" shall refer to when the cost of repairs, including materials and labor at prevailing prices necessary to make the automobile operative, exceeds an amount equal to twenty-five percent of the value of the motor vehicle. As used in this section the word "garagemen" shall be construed to mean owners or operators of official state inspection sta- tions as designated by the Superintendent of the Department of State Police. (c) It shall be unlawful for any person to park, store or otherwise keep, except within a fully enclosed building or structure, on any property as defined in the Code of Virginia, Section 15.1-11.1, located within the corporate limits of the town, any motor vehicle the condition of which is such that it is economically impractical to make it operative. (d) Upon information that a motor vehicle exists in vio- lation of this section, the town manager shall cause a written notice and order to be served by certified mail to the owners -2- of the premises upon which the motor vehicle or motor vehicles is situated requiring removal of the inoperative vehicle in violation of this section. Within ten days after receipt of such notice and order the owner of the premises may petition the town manager in writing requesting that he provide a writ- ten appraisal by two disinterested garagemen attesting as to whether it is economically impractical to make such motor vehicle operative. The town manager shall provide such an appraisal to the owner within ten days of his receipt of such petition. If both appraisals confirm that repairs to the motor vehicle are economically impractical as used in this section, the motor vehicle shall be removed and disposed of in the manner prescribed hereinbelow. The town manager shall rescind the notice and order described above if either of said appraisals do not confirm the motor vehicle as in vio- lation of this section. (e) If the owners have not acted to remove such inopera- tive vehicle or petitioned the town manager as provided above, the town through its agents or employees shall remove the ve- hicle in violation and, following additional notice in the manner prescribed above, may dispose of said motor vehicle. The cost of said removal and disposal shall be chargeable to the owner of the premises. (f) If the sum due to the town for such removal and dis- posal has not been paid within fifteen days of said owner's receipt of an itemized statement by certified mailing, the town manager shall and is authorized to distrain therefor goods or chattels within the town to collect the sum due, or to treat the unpaid sum as a lien against the property su- perior to the interest of any owner, lessee or tenant, and next in succession to the town real estate taxes thereon and to add the changes to the amount due for the current town real estate taxes on said property. (g) Any person convicted of violating this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each day that such automobile is kept in violation of this section. SECTION II. That an emergency exists and this ordinance shall be in full force and effect from and after its passage. PASSED this llth day of August 1976. ATTE ST: Clerk of ~uncil Mary A~ne Newman, Mayor Town of Leesburg