§ 26-26. Restrictions imposed; removal authorized; exemptions.

(a)

It shall be unlawful in the corporate limits of the town for any person, firm, or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any inoperative or abandoned motor vehicle, trailer, or semitrailer as such are defined in this article. However, any person, firm, or corporation may keep not more than one inoperative motor vehicle outside of a fully enclosed building or structure, but which is shielded or screened from view by an approved motor vehicle cover.

(b)

The owners of property zoned for residential or commercial or agricultural purposes shall, at such time as the town may prescribe, remove therefrom any such inoperative motor vehicles, trailers, or semitrailers that are in violation of the provisions of this article.

(c)

Notwithstanding any other penalty that may be imposed for violating or failing to comply with any of the provisions of this article, the town through its agents, or employees may remove any such inoperative motor vehicles, trailers, or semitrailers whenever the owner of the premises, after 30 days' notice has failed to do so. In the event the town removes any such motor vehicles, trailers, or semitrailers, after having given such notice, the town may dispose of such motor vehicles, trailers, or semitrailers in the manner and upon such notice as hereinafter prescribed.

(d)

In the event the town removes inoperative motor vehicles, trailers or semitrailers (in accordance with the provisions of this article), it shall within 15 days, by registered or certified mail, return receipt requested or by personal service by any local law enforcement officer, notify the owner of record of the motor vehicle and all persons having security interests in the vehicle of record, that it has been taken into custody.

(1)

The notice shall:

a.

State the year, make, model, and serial number of the motor vehicle, trailer or semitrailer;

b.

Set forth the location of the facility where it is being held;

c.

Inform the owner and any persons having security interests of their right to reclaim it within 15 days after the date of the notice and after payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody.

(2)

The notice shall state that the failure of the owner or persons having security interests to reclaim the vehicle within the time provided shall constitute:

a.

A waiver by the owner and all persons having any security interests of all right, title; and

b.

Interest in the vehicle, and consent to the sale of the said vehicle at a public auction.

(3)

If records of the department of motor vehicles contain no address for the owner or no address of any person shown by the department's records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this section as to any person who cannot be notified pursuant to the foregoing provisions of this section. Notice by publication may contain multiple listings of inoperative motor vehicles, trailers, or semitrailers. Any notice of this kind shall be within the time requirements prescribed by this section for notice by mail and shall have the same contents required for a notice by mail.

(4)

The consequences of failure to reclaim an inoperative motor vehicle, trailer or semitrailer shall be as set forth in a notice given in accordance with and pursuant to this article. If an inoperative motor vehicle is not reclaimed as provided for in this section, the town or its authorized agent shall, notwithstanding the provisions of the Code of Virginia, § 46.2-617, as amended, sell it at public auction. The purchaser of the motor vehicle shall take the title to the motor vehicle free of all liens and claims of ownership of others, shall receive a sales receipt at the auction, and shall be entitled to apply to and receive from the department a certificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary. From the proceeds of the sale of such a vehicle, the locality or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to this section. Any remainder from the proceeds of a sale shall be held for the owner of the motor vehicle, trailer or semitrailer or any person having security interests in the vehicle, as their interests may appear, for 90 days, and then be deposited into the treasury of the town.

(5)

The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or the premises and may be collected by the town as taxes and levies are collected. Every cost authorized herein with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the town.

(6)

This chapter shall not apply to a licensed business which is regularly engaged in the business of an automobile dealer, automobile repair shop, salvage dealer, or scrap processor.

(7)

Violations and penalties. Notwithstanding the town's right to remove inoperative motor vehicles from property, any person, firm, or corporation who shall violate or fail to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor and fined an amount of not more than $500.00.

(Comp. Ords., § 13.5)

(Comp. Ords., § 13.5)