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Home My WebLink About2020-08Ordinance 2020-08 Ordinance Amending Chapter 38 of the Code of Ordinances to Add Provisions Pertaining to Inoperable Vehicles ADOPTED: September 1, 2020 EFFECTIVE: September 1, 2020 Ordinance 2020-08 Ordinance Amending Chapter 38 of the Code of Ordinances to Add Provisions Pertaining to Inoperable Vehicles WHEREAS, the Town Council has determined that inoperable vehicles constitute a nuisance; detract from the appearance of the Town; and present a safety hazard particularly with respect to young children; and, WHEREAS, the Town Council, acting upon the recommendations of the Administration and Department Heads has determined that the Town Code should be amended to clarify and set forth the terms and conditions by which inoperable vehicles are defined; administered; and removed within the corporate limits of the Town of Pulaski; NOW, THEREFORE be in ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 1St day of September 2020 that Chapter 38 "Environment", Article III "Premises and Property Maintenance"of the Code of Ordinances, Town of Pulaski, Virginia shall be amended to include those amendments pertaining to inoperable vehicles as shown in Attachment A -Ordinance 2020-08 affixed hereto and expressly made part of this ordinance as if set forth herein. This ordinance is effective upon adoption and is hereby adopted this 1 st day of September 2020 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Aye James A. Radcliffe -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye Michael P. Reis -Aye THE TOWN OF PULASKI, VIRGINIA By: 1Z W. Shannon o tins Mayor ATTEST: David N. Quesenberry Clerk of Council Attachment A -Ordinance 2020-08 Chapter 38 - ENVIRONMENT Article III. - PREMISES AND PROPERTY MAINTENANCE DIVISION 1. - GENERALLY Sec. 38-73. - Definitions. Inoperable motor vehicle means any one or more of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle 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 the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal. Shielded or screened from view means not visible by someone standing at ground level from outside the property on which the subject vehicle is located. Chapter 38 - ENVIRONMENT Article III. - PREMISES AND PROPERTY MAINTENANCE DIVISION 4. - INOPERABLE VEHICLES Sec. 38-141. - Prohibitions. (a) At any place within the town that is, or from time to time may become, zoned as residential, commercial, or agricultural, it shall be unlawful for any person to park or otherwise place or to keep a motor vehicle, trailer or semitrailer, which is inoperable, except within a fully enclosed building or structure or otherwise shielded or screened from view. References to Inoperable vehicle(s) herebelow shall mean inoperable motor vehicle(s), trailer(s) or semitrailer(s) individually and collectively. The Town Zoning Ordinance uses the word Business to describe certain areas rather than Commercial, and for the purposes of this Division "commercial' shall be considered interchangable with "business". (1) There is a limit of two inoperable vehicles, which are not within a fully enclosed building or structure, but are otherwise shielded or screened from view (2) This section shall not apply to a licensed business which is engaged in business as an automobile dealer, salvage dealer or scrap processor, and has regularly been in such business since and on June 26, 1970. Sec. 38-142. - Notice of Violations and Enforcement (a) Notice of Violations. Service of the Notice provided for in this subsection shall be by personal delivery, first-class mail, or posting in a conspicuous place. The owner shall, for purposes of this section, be defined as the owner of the inoperable vehicle(s); or if the owner of the inoperable vehicle(s) cannot be determined or readily located, then the owner shall be deemed the owner of the property on which the violation exists. (1) Content of Written Notices: (i) Reasonably describe the subject inoperable vehicle(s). (ii) State that any owner of such inoperable vehicle(s) or the property owner shall have 10 days to remediate the violation. (iii) State that a civil penalty of $200 per offense shall accrue for each inoperable vehicle. (iv) State that the town has the right to impound, or cause the impoundment of, the inoperable vehicle(s) after the 10 day period. (2) Notice Timing: Any person or business violating any provision of this section shall be given a written notice of the violation and will have 10 calendar days from the date of the personal service of the notice or 14 calendar days from the day such notice was mailed or posted, to remediate the violation. (b) Failure of premises owner or Inoperable vehicles) owner to remediate. Failure of any person or business to remediate the violation in the appropriate time frame given the notice from the Town shall engage the rights of the Town to remediate the violation, through its agents or employees, to remove any such inoperable vehicle(s) from the property. The Town Manager, town agent and/or town employees'.may enter the property to remediate the violation. (c) Waiver of Liability. The failure of the recipient of a notice given pursuant to subsection (a) to comply with the notice by timely_ remediating within the 10 day period shall be deemed a waiver of any claim by or on behalf of the notice recipient and, if different, the owner of the property, against the Town of Pulaski for damage to the property arising out of the work of remediating the violation. (d) Civil Penalty. Violation of this section shall constitute a civil penalty of $200 per offense. (1) A separate offense shall be deemed committed for each inoperable vehicle(s) that is in violation of this section. (2) Each day in excess of 10 days from notice in which an inoperable vehicle(s) is not removed shall constitute a separate offense that is in violation of this section. (3) Civil penalties are chargeable to the property owner on which the violation occurs and upon the legal owner of the of the inoperable vehicle(s). Sec. 38-143. - Disposal of vehicles. (a) Whenever the town has removed vehicles after notice to the owner of the real property as set forth in division 1 of this article, the town, or agent that removed the vehicle may dispose of the motor vehicle, trailer or semitrailer pursuant to the same procedures as the Virginia Department of Motor Vehicles Abandoned Vehicle Process in compliance with Code of Virginia 46.2-1200 et seq. (b) Whenever the town manager or his agent has had vehicles removed and/ or disposed of pursuant to this division, the costs and expenses of such work (including but not limited to the cost of removal, storage and disposal) plus administrative costs, if incurred by the town, shall be determined and reported to the director of finance. The net proceeds, if any, of the sale of any vehicle conducted by the town will be credited against all costs incurred. (c) The cost of such removal, storage and disposal, if incurred by the town, shall be chargeable jointly and severally to the owner of the vehicle and to the owner of the premises and may be collected by the town in the same manner as taxes are collected, and every cost authorized by this section with which the owner of the property has been assessed shall constitute a lien against the property from which the inoperable vehicle(s) was/were removed, the lien to continue until actual payment of such costs has been made to the town. (Ord. No. 96-23, § 1(7-41), 6-28-1996) Secs. 38-143-38-160. - Reserved. I, David N. Quesenberry, Clerk of the Council, of the Town of Pulaski Virginia, do hereby certify that the forgoing Ordinance 2020-08, "Ordinance Amending Chapter 38 of the Code of Ordinances to Add Provisions Pertaining to Inoperable Vehicles" is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council of Pulaski, Virginia on September 1, 2020. zajz2"-�M4 David N. Quesenber Clerk of Council