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HomeMy Public PortalAbout2006_05_09_O008 Amending Chap 10 of the TC re inoperable vehicles The Town of Leesburg, Virginia PRESENTED May 9. 2006 ORDINANCE NO. 2006-0-8 ADOPTED May 9. 2006 AN ORDINANCE: AMENDING SECTION 10-157 (PARKING OR STORING INOPERATIVE VEHICLES ON PROPERTY LOCATED WITHIN THE TOWN.) OF ARTICLE VI (STOPPING, STANDING AND PARKING) OF CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. THEREFORE, ORDAINED by the Council of the Town of Lees burg in Virginia as follows: SECTION 1. That Section 10-157 (PARKING OR STORING INOPERATIVE VEHICLES ON PROPERTY LOCATED WITHIN THE TOWN.) of Article VI (STOPPING, STANDING AND PARKING) of Chapter 10 (MOTOR VEHICLES AND TRAFFIC), be and the same hereby is amended to read as follows: SECTION. 10-157 Parking Or Storing Inoperative Vehicles On Property Located Within The Town A. Definitions. The following terms shall, for purposes of this article, have the meanings set forth below: (1) Motor vehicle or vehicle means any motor vehicle, trailer or semitrailer, or any part thereof, as defined in section 46.2-100, Code of Virginia (1950), as amended. (2) Inoperable motor vehicle means any motor vehicle which: (i) is not in operating condition; (ii) for 60 or more days has been partially or totally disassembled, as evidenced by the removal of its wheels and tires, its engine, or one or more other components required for the operation ofthe vehicle; (iii) does not display valid state license plates; or (iv) does not display a valid state inspection decal. -2- ORDINANCE: AMENDING SECTION 1 0-157 (PARKING OR STORING INOPERATIVE VEHICLES) OF ARTICLE VI (STOPPING, STANDING AND PARKING) OF CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED (3) Shielded or screened from view means that the vehicle, whether covered or uncovered, is not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. B. Declared nuisance. The keeping by any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any private property in the Town is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nUIsance. C. Unlawful to keep; exceptions. It shall be unlawful for any person, firm or corporation to keep on any private property in the Town, an inoperable motor vehicle, unless it is located within a fully enclosed building or structure or is otherwise shielded or screened from view. It shall also be unlawful for any person, firm or corporation to keep on any private property in the Town, more than one inoperable motor vehicle, located outside of a fully enclosed building or structure, which is shielded or screened from view. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing such vehicle and if it is shielded or screened from view, such vehicle and one additional inoperative motor vehicle that is shielded or screened from view being used for the restoration or repair may remain on the property. However, the provisions of this article shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. Nor shall the provisions of this article apply to any antique motor vehicle, as defined in section 46.2-100, Code of Virginia (1950), as amended, so long as a bona fide effort is being made to repair or restore the vehicle and it is shielded in a manner to protect it from the weather and to make it unsuitable for rodent harborage. D. Removal of inoperable vehicle; remedies for failure to remove; costs. (1) The occupant, and if different the owner, of the private property on which an inoperable motor vehicle is being kept in violation of this article shall be provided a written notice of said violation. The notice shall be provided by a Town employee designated by the Town Manager, shall be posted on the property and mailed, by first class mail, to the owner at the address maintained by the County's office of real estate assessments and to the occupant at the address of the property where the inoperable motor vehicle is located. The notice shall identify the inoperable vehicle, describe the conditions of the vehicle which render it inoperable and in violation of this article, and shall state that, unless the conditions are remedied by a specified date, which date shall be at least 10 days following the date on which -3- ORDINANCE: AMENDING SECTION 1 0-157 (PARKING OR STORING INOPERATIVE VEHICLES) OF ARTICLE VI (STOPPING, STANDING AND PARKING) OF CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED the notice is mailed, the vehicle will be removed by the Town to an impoundment facility. In the event that the inoperable vehicle remains on the property after the date specified in the notice, a Town employee designated by the Town Manager, may remove the vehicle and place it in the Town's impoundment yard or another impoundment facility. (2) Within five days of any removal under subsection (1), a Town employee designated by the Town Manager shall provide a written notice to the owner at the address maintained by the County's office of real estate assessments and the occupant at the address of the property, from which the inoperable motor vehicle was removed and, if different, to the owner of record of the impounded vehicle. The notice shall be sent by registered or certified mail, return receipt requested, and shall state the following: (i) the year, make, model and serial number of the impounded vehicle; (ii) the location of the impoundment yard where it is being held; (iii) that the owner of the vehicle and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after the payment of all removal and storage costs resulting from the removal and storage of the vehicle, and after providing an assurance that the vehicle will be brought into compliance with this article; and (iv) that the failure of the vehicle owner to reclaim the vehicle within the time provided shall constitute both a waiver by the owner of all right, title and interest in the vehicle, and the owner's consent to the disposition of the vehicle by the Town. If the inoperable vehicle is not reclaimed within the time specified in the notice, the Town may dispose ofthe vehicle. (3) The costs incurred by the Town in removing, storing and disposing of an inoperable motor vehicle in excess of any proceeds derived from the sale of the vehicle shall be assessable against the owner of the property from which the vehicle was removed, the occupant of the property on the date the vehicle was removed, and the owner of the vehicle, and may be collected as taxes and levies are collected. The costs assessed against the owner of the property from which the vehicle was removed shall constitute a lien against such property, and the lien shall continue until actual payment of the costs have been made. E. Civil violation, penalty and reconsideration. (1) A person receiving a notice under section 10-157 D 1 which describes the conditions of a motor vehicle that render the vehicle inoperable shall remove or otherwise remedy the conditions within the time period set out in the notice, and failure to do so shall constitute a violation of this section. Said violation shall be civil penalty of not more than $100 for the initial summons and not more than $250 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising -4- ORDINANCE: AMENDING SECTION 1 0-157 (PARKING OR STORING INOPERATIVE VEHICLES) OF ARTICLE VI (STOPPING, STANDING AND PARKING) OF CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of$5,000. (2) A Town employee designated by the Town Manager may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Town department of finance prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. (3) If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 9th day of May 2006. Kristen C. Umstattd, Mayor Town of Lees burg ATTEST: a~ NJ. tJtdft ~nctl ORD08:inoperablevehicJes