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INOPERABLE MOTOR VEHICLES Ordinance in Westmoreland Co.


This Ordinance is from the Westmoreland County Virginia Web Page on Codes and Ordinances.

ARTICLE IV. INOPERABLE MOTOR VEHICLES*

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*State law references: Authority to restrict inoperable motor vehicles, Code of Virginia, § 15.2-904.

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Sec. 26-141. Title, authority and applicability of this article.
(a) Title. This article shall be known and may be cited as the "Inoperable Motor Vehicle Ordinance of Westmoreland County."
(b) Authority. This article is enacted under authority by Code of Virginia, § 15.2-904.
(c) Applicability. The provisions of this article shall apply to all land within the county, excluding the incorporated municipalities.
(Code 1988, § 10-71)

Sec. 26-142. Definitions.
For the purposes of this article the following words, terms and phrases shall have the meaning ascribed to them in this section unless the context clearly indicates a different meaning:
Administrator means the person charged with administering and enforcing the provisions of this article. The zoning administrator, duly appointed by the county board of supervisors in accordance with section 8-1 of the zoning ordinance (chapter 70), is hereby designated as the administrator of this article.
Inoperable motor vehicle means any motor vehicle which meets one or more of the following conditions:
(1) Any motor vehicle which is not in operating condition;
(2) 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, or by the removal of the engine, or by removal of other essential parts required for the operation of the vehicle; or
(3) Any motor vehicle on which there is displayed neither valid plates nor a valid inspection decal.
Motor vehicle means any motor vehicle, or any trailer, or any semitrailer as defined in Code of Virginia, § 46.2-100.
Screened or shielded from view means that the inoperable motor vehicle is completely shielded, or covered with a fitted motor vehicle cover, so that no portion of it can be seen from any public or private right-of-way or from any property adjacent to the subject property.
(Code 1988, § 10-72)
Cross references: Definitions generally, § 1-2.

Sec. 26-143. Exemptions.
The provisions of this article shall not apply to a licensed business which on June 26, 1970, and continuously thereafter, was engaged in business as an automobile dealer, salvage dealer, or scrap processor.
(Code 1988, § 10-73(a))

Sec. 26-144. Keeping of inoperable motor vehicles.
(a) It shall be unlawful for any person or corporation to keep inoperable motor vehicles in the county, except within a fully enclosed building or structure, and except when shielded or screened from view.
(b) It shall be unlawful for any person to keep more than three inoperable motor vehicles in the county, which vehicles are not kept within a fully enclosed building or structure, but which are shielded or screened from view. The provisions of this subsection (b) shall only apply to those areas which are residentially zoned in accordance with section 2-1 of the zoning ordinance (chapter 70) of the county.
(Code 1988, § 10-74)

Sec. 26-145. Enforcement.
The administrator is hereby authorized to enforce the provisions of this article as follows:
(1) The administrator shall order, in writing, that the owner of property on which is located any motor vehicle which is in violation of any section of this article, or the owner of any motor vehicle which is in violation of any section of this article, remove such vehicles to a legal location within 21 days, or within such further time frame as the administrator deems necessary.
(2) If any such vehicle is not removed as provided in subsection (1) of this section, the administrator shall, through county employees or through agents of the county, cause such inoperable motor vehicles to be removed.
(3) If any such inoperable motor vehicles are removed as provided in subsection (2) of this section, the administrator shall notify in writing the owner who was previously notified pursuant to subsection (1) of this section, that the county shall dispose of such inoperable motor vehicles after 30 days.
(4) If any such inoperable motor vehicle is removed by the county, through its employees or agents pursuant to subsection (2) of this section, the administrator shall order the owner of the property or the inoperable motor vehicle to pay all cost of such removal and disposal, specifically including, but not limited to, a fee of $75.00 for administrative cost to the county. The administrator shall notify the commissioner of the revenue for the county and the county treasurer of any such charges. The commissioner of the revenue and the treasurer are hereby authorized, in accordance with Code of Virginia, § 15.2-904, to collect these charges as taxes and levies are collected. Such charges shall constitute a lien against the property from which the inoperable motor vehicle was removed, the lien to continue until the actual payment of such charges has been made to the county.
(Code 1988, § 10-75)
Secs. 26-146--26-149. Reserved.