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1984_01_11_O003The Town of Leesburg in Virginia PRESENTED January 11, 1984 ORDINANCE NO. 84-0-3 ADOPTED January 11, 1984 AN ORDINANCE: AMENDING SECTION 10-157 OF THE TOWN CODE WHEREAS, the 1982 General Assembly adopted amendments to the state enabling statute for the authority to restrict and remove inoperative vehicles from private property; and WHEREAS, these amendments will facilitate such authority to restrict and remove such vehicles: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-157 of the Town Code is amended to read as follows: Sec. 10-157. Parkin~ or storin~ 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 as of June 26~ 1970. (b) As used in this section the word "epe~a~ve" "inoperative motor vehicle" shall mean any motor vehicle which is not in operatin~ condition; or which for a period of ninety days or lonser has been partiall~ or totally dissassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; and for which there is no valid license plate and inspection sticker. As used in this section the words "motor vehicle" shall be construed as any motor vehicle, trailer or semitrailer, as such are defined in Section 46.1-1 of the Code of Virginia, as amended. (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 Sec. 15.1-11.1 of the Code of Virginia, located within the cor- porate limits of the town any inoperative motor vehicle ~e-~.~e~m-~-~h~M ~-~uuh-tha~-~t-~-~u~m~a~y-~mp~t~-to-m~ke-~t-op~r~t~v~ ~xcept UNLAWFULLY PARKED VEHICLES within a fully enclosed buildin~ or structure or otherwise shielded or screened from public view. (d) Upon information that a motor vehicle exists in 'violation of this section, the town manager shall cause a written notice and order to be served by certified mail to the owners of the premises 'upon which the motor vehicle or motor vehicles is situated requiring removal of the inoperative motor vehicle or motor vehicles within ten days of receipt of the notice in violation of this section. "-'~.~,,~,,:- r~c~ipt vf ~eh .......... d o~d~r ~l ......... f appraisal bj ~.~ ~ .................... it ec~.,~.ically impractical to ..k=o~,,- .... = .... (e) If the owners have not acted to remove such inoperative motor vehicle or motor vehicles~r p~titiom~ t~c.. t~. man~ .... provided above, the town through its agents or employees shall remove the motor vehicle or motor vehicles in violation and, following addi- tional notice by certified mail the town may dispose of said motor vehicle or motor vehicles after five days receipt of the second notice. The cost of said removal and disposal shall be chargeable to the owner of the Vehicle or premises. (f) If the sum due to the town for such removal and disposal has not beem paid within 15 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 superior to the interest of any owner, lessee or tenant, and next in succession to the town real estate taxes thereon and to add the charges 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 $25.00 nor more than $500.00 for each day that such automobile is kept in violation of this section. SECTION II. Ail prior ordinances and resolutions in conflict herewith are repealed. SECTION III. PASSED this ATTE ST: Clerk of C~ncil This ordinance shall be effective upon its passage. llth day of January , ~]~ ~..~ ~ It4 (Zq/16 · Robert E gevila, ffayor Town of Leesburg