[Adopted 12-15-2021]
As used in this article the following terms shall have the meanings
respectively ascribed to them, unless the context clearly indicates
a different meaning:
A form-fitted default free cover specifically designed and
manufactured for motor vehicles and which completely shields the body
of an inoperable vehicle from view, and, in the agricultural zoning
districts, can include a tarpaulin or other cover that completely
shields the body of an inoperable vehicle from view.
Shall have the meaning ascribed to it in Code of Virginia,
§ 46.2-698(B).
Shall apply to:
Any vehicle which is not in operating condition;
Any 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 operation of the
vehicle; or
Any vehicle on which there are displayed neither valid license
plates nor a valid inspection decal.
Farm use vehicles shall not be considered inoperable solely
for failure to display valid license plates and a valid inspection
decal.
Every vehicle as defined in this section that is self-propelled
or designed for self-propulsion except as otherwise provided in this
title. Any structure designed, used, or maintained primarily to be
loaded on or affixed to a motor vehicle to provide a mobile dwelling,
sleeping place, office, or commercial space shall be considered a
part of a motor vehicle. Except as otherwise provided, for the purposes
of this article, any device defined by state law as a bicycle, electric
personal assistive mobility device, electric power-assisted bicycle,
motorized skateboard or scooter, moped, or personal delivery device
shall be deemed not to be a motor vehicle.
Every vehicle of the trailer type so designed and used in
conjunction with a motor vehicle that some part of its own weight
and that of its own load rests on or is carried by another vehicle.
The inoperable vehicle is not visible by someone standing
at ground level from any vantage point outside of the property on
which the inoperable vehicle is located because of one or more of
the following:
Every vehicle without motive power designed for carrying
property or passengers wholly on its own structure and for being drawn
by a motor vehicle, including manufactured homes.
Every device in, on or by which any person or property is
or may be transported or drawn on a highway, except personal delivery
devices and devices moved by human power or used exclusively on stationary
rails or tracks.
A.
It shall be unlawful for any person to keep any inoperable motor
vehicle, trailer or semitrailer on any property zoned for residential,
commercial or agricultural purposes except as provided herein:
(1)
In all zoning districts, such inoperable vehicle(s) may be kept within
a fully enclosed building or structure; and
(2)
In areas zoned residential, one such inoperable vehicle may be kept
if it is under a cover, and a maximum of two such inoperable vehicles
may be kept if they are shielded or screened from view, including
any vehicle that is under a cover; and
(3)
In areas zoned agricultural, a maximum of nine such inoperable vehicles
may be kept so long as no more than five of said vehicles are visible
by someone standing at ground level from outside of the property on
which the subject vehicles are located, and the remaining vehicles
are shielded or screened from view.
B.
The owners of property zoned for residential, commercial or agricultural
purposes shall remove therefrom any such inoperable vehicles that
are kept in violation of this section within 30 days of receipt of
written notice thereof from the county. If a property owner fails
to comply with this subsection, the county, through its own agents
or employees, may remove any such inoperable vehicles. In the event
the county, through its own agents or employees, removes any such
inoperable vehicle pursuant to this subsection, the county may dispose
of such inoperable vehicle no sooner than 15 days after giving written
notice to the owner of the inoperable vehicle.
C.
The cost of the removal and disposal described in Subsection B above shall be chargeable to the owner of the inoperable vehicles or premises and may be collected by the county as taxes are collected. Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the inoperable vehicle was removed, the lien to continue until actual payment of such costs has been made to the county.
D.
Notwithstanding the other provisions of this section, if the owner
of an inoperable vehicle can demonstrate that he is actively restoring
or repairing the inoperable vehicle, and if it is shielded or screened
from view, the inoperable vehicle and one additional inoperative vehicle
that is shielded or screened from view and being used for the restoration
or repair may remain on the property.
E.
The provisions of this section shall not apply to a licensed business
which on June 26, 1970, was regularly engaged in business as an automobile
dealer, salvage dealer or scrap processor.
A.
Violations of this article shall be subject to a civil penalty for
any one violation of $50 for the initial summons and $100 for each
additional summons. Each day during which the violation is found to
have existed shall constitute a separate offense. However, specified
violations arising from the same operative set of facts shall not
be charged more frequently than once in any ten-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.
B.
Civil penalties shall preclude the prosecution of a violation as
a criminal misdemeanor; provided, however, that when such civil penalties
total $5,000 or more, the violation may be prosecuted as a criminal
misdemeanor. Further, violations shall be a Class 3 misdemeanor in
the event three civil penalties have previously been imposed on the
same defendant for the same or similar violation, not arising from
the same set of operative facts, within a twenty-four-month period.
Classifying such subsequent violations as criminal offenses shall
preclude the imposition of civil penalties for the same violation.
C.
The Zoning Administrator or his deputy 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 department of finance or the
treasurer of the locality 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.
D.
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. In any trial for a scheduled
violation authorized by this section, it shall be the burden of the
county to show the liability of the violator by a preponderance of
the evidence. If the violation remains uncorrected at the time of
the admission of liability or finding of liability, the court may
order the violator to abate or remedy the violation in order to comply
with the article. Except as otherwise provided by the court for good
cause shown, any such violator shall abate or remedy the violation
within a period of time as determined by the court, but not later
than six months of the date of admission of liability or finding of
liability. Each day during which the violation continues after the
court-ordered abatement period has ended shall constitute a separate
offense. An admission of liability or finding of liability shall not
be a criminal conviction for any purpose.
State law reference(s) — Authority for
above section, Code of Virginia, §§ 15.2-904, 15.2-2209.
