ARTICLE XI. - INOPERABLE MOTOR VEHICLES, TRAILERS AND SEMITRAILERS


Sec. 13-186. - Inoperative vehicles prohibited.

(a)

It shall be unlawful for any person responsible for real property within the city to keep, or permit to be kept, except within a fully enclosed building or structure, any vehicle which is inoperative.

(b)

The provisions of this section are subject to the following:

(1)

The section shall not apply to a business licensed through the Virginia Department of Motor Vehicles as a salvage dealer, demolisher, rebuilder, salvage pool or vehicle removal operator.

(2)

The section shall not apply to a licensed towing service providing temporary storage of inoperative vehicles for a period of time not to exceed ninety (90) days when vehicles are being stored pending settlement of insurance claims. Vehicles stored by such towing services shall be shielded or screened from public view.

(Ord. No. 5365-99; Ord. No. 5876-02)

Sec. 13-187. - Notice to remove inoperative vehicles.

(a)

The director is hereby authorized and empowered to notify, in writing, the record owner of the real property whereon the inoperative vehicle is located to remove any inoperative vehicles located on such property in violation of section 13-186

(b)

The notice provided for in this section shall be personally served on the property owner by the director, who shall note the time, place and manner of such service on a duplicate copy of the notice to be kept by the director; however, in lieu of such personal service, such notice may be mailed by first class mail, addressed to such record owner at his or her last-known address.

(c)

The notice provided for in this section shall state the time within which the action or work ordered to be done is to be completed. Such time shall not be less than twenty-four (24) or more than seventy-two (72) hours, if personal service is had, and not less than seven (7) days from the date of mailing if the notice is properly mailed in accord with subsection (b) above.

(d)

Any owner of real property provided notice pursuant to this section shall immediately proceed to remove any inoperative vehicles that are not kept within an enclosed building or structure, within the time stated in said notice. The failure or refusal of such person to do so shall constitute a Class 1 misdemeanor, and prosecution therefor shall not be barred by the city proceeding to have the work done in accordance with the provisions of this article.

(Ord. No. 5365-99; Ord. No. 5876-02)

Sec. 13-188. - Removal of inoperative vehicles by the city—Generally.

Upon failure, neglect or refusal of any person responsible for real property upon whom notice has been served pursuant to section 13-187 to comply with such notice within the time indicated in the notice, the director is authorized to have the removal performed by city forces or by contract; and the actual cost of such removal, plus a charge for administrative costs of one hundred fifty dollars ($150.00), shall be charged to such person to whom the notice was directed.

(Ord. No. 5365-99; Ord. No. 5876-02)

Sec. 13-189. - Removal of inoperative vehicles by the city—Collection of costs.

Whenever the director or his agent has the work done pursuant to section 13-188, he shall determine the costs and expenses of such work.

(1)

When the notice required by section 13-187 was directed to a person other than the owner of the real property, the director shall bill the person to whom the notice was directed for the actual cost of such work, plus the charge for administrative costs. If such bill is not paid within thirty (30) days, a legal action may be instituted for its collection.

(2)

When the notice required by section 13-187 was directed to the owner of the real property, the director shall certify to the city treasurer the amount of the actual cost of such work, plus the administrative costs; and the city treasurer shall include such total amount in the next regular tax bill for payment, and such amount shall be collected by the treasurer as other taxes and levies are collected. Every charge assessed under this section which remains unpaid shall constitute a lien against the real property from which the vehicle was removed.

(Ord. No. 5365-99)

Sec. 13-190. - Disposal of vehicle.

Any vehicle removed by the city from any property may be disposed of in accordance with the provisions of Chapter 26 of the City Code.

(Ord. No. 5365-99)