[Added 4-20-1972]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A motor vehicle, trailer or semitrailer or part thereof that:
Any lot or place which is exposed to the weather and upon
which more than five motor vehicles of any kind, incapable of being
operated and which it would not be economically practical to make
operative, are placed, located or found.
Any person, firm or corporation whose business is to convert
a motor vehicle, trailer or semitrailer into processed scrap or scrap
metal or otherwise to wreck or dismantle such vehicles.
The State Division of Motor Vehicles.
Any vehicle which, by reason of dismantling, disrepair or
other cause, is incapable of being propelled under its own power and
is economically impractical to make operable.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, junked, dismantled or wrecked automobiles,
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material.
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk, or
for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary fills.
The City may take into custody any abandoned
motor vehicle. In such connection the City may employ its own personnel,
equipment and facilities or hire persons, equipment and facilities
or firms or corporations which may be independent contractors for
the purpose of removing, preserving and storing abandoned motor vehicles.
A.
The City, when it takes into custody an abandoned
motor vehicle under the provisions of this article, shall notify within
15 days thereof, by registered or certified mail, return receipt requested,
the owner of record of such motor vehicle and all persons having security
interests therein of record that the vehicle has been taken into custody.
The notice shall describe the year, make, model and serial number
of the abandoned motor vehicle, set forth the location of the facility
where the motor vehicle is being held, inform the owner and any persons
having security interests of their right to reclaim the motor vehicle
within three weeks after the date of the notice, upon payment of all
towing, preservation and storage charges resulting from placing the
vehicle in custody, and state that the failure of the owner or persons
having security interests to exercise their right to reclaim the vehicle
within the time provided shall be deemed a waiver by the owner and
all persons having any security interests of all right, title and
interest in the vehicle and as consent to the sale of the abandoned
motor vehicle at a public auction.
B.
If the records of the Division contain no address for the owner and no address of any person shown by such 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 motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this article as to any person who cannot be notified pursuant to the provisions of Subsection A of this section. Such notice by publication may contain multiple listings of abandoned motor vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail.
C.
The consequences and the fact of failure to reclaim
an abandoned motor vehicle shall be as set forth in a notice given
in accordance with and pursuant to this section.
A.
If an abandoned motor vehicle has not been reclaimed as provided for in § 394-90, the City or its authorized agent shall, notwithstanding the provisions of § 46.1-88 of the Code of Virginia,[1] sell the abandoned motor vehicle at public auction. The
purchaser of the motor vehicle shall take title to the motor vehicle
free and clear of all liens and claims of ownership of others, shall
receive a sales receipt at the auction and shall be entitled to, upon
application therefor pursuant to § 46.1-68 of the Code of
Virginia, a certificate of title and registration card therefor. The
sales receipt at such a sale shall be sufficient title only for purposes
of transferring the vehicle to a demolisher for demolition, wrecking
or dismantling, and, in such case, no further titling of the vehicle
shall be necessary.
[1]
Editor's Note: Title 46.1 of the Code of Virginia
was repealed by Acts 1989, c. 727. See now Title 46.2.
B.
From the proceeds of the sale of an abandoned motor vehicle, the City or its authorized agent shall reimburse itself for the expenses of the auction and the cost of towing, preserving and storing the vehicle which resulted from placing the abandoned motor vehicle in custody and all notice and publication costs incurred pursuant to § 394-90. Any remainder from the proceeds of a sale under the provisions of this article shall be held for the owner of the abandoned motor vehicle or any person having security interests therein, as their interests may appear, for 90 days and then shall be deposited into the treasury of the City.
A.
Any motor vehicle, trailer, semitrailer or part thereof
left for more than 10 days in a garage operated for commercial purposes
after notice by registered or certified mail, return receipt requested,
to the owner to pick up the vehicle, or for more than 10 days after
the period when, pursuant to contract, the vehicle was to remain on
the premises, shall be deemed an abandoned motor vehicle and may be
reported by the garage keeper to the City.
B.
All abandoned motor vehicles left in garages may be taken into custody by the City in accordance with § 394-89 and shall be subject to the notice and sale provisions contained in §§ 394-90 and 394-91, provided that if such vehicle is reclaimed in accordance with § 394-90, the person reclaiming such vehicle shall, in addition to the other charges required to be paid, pay the charges of the garage keeper, if any, provided further that if such vehicle is sold pursuant to § 394-91, the garage keeper's charges, if any, shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction and the costs of towing, preserving and storing such vehicle which resulted from placing such vehicle in custody and all notice and publication costs incurred pursuant to § 394-90.
C.
Except as otherwise provided in this article, nothing
herein shall be construed to limit or restrict any rights conferred
upon any person under §§ 43-32 through 43-36 of the
Code of Virginia.
D.
For the purposes of this section, "garage keeper"
means any operator of a parking place, motor vehicle storage facility
or establishment for the servicing, repair or maintenance of motor
vehicles.
A.
When vehicle acquired for sale. Notwithstanding any
other provisions of this article, or the provisions of § 46.1-88
of the Code of Virginia,[1] any motor vehicle, trailer or semitrailer, or part thereof, which is inoperable and which, by virtue of its condition, cannot be feasibly restored to operable condition may be disposed of to a demolisher by the person, firm or corporation or the City on whose property or in whose possession such motor vehicle, trailer or semitrailer is found. The demolisher, upon taking custody of such motor vehicle, trailer or semitrailer, shall follow the notification and sale procedures required of the municipality by § 394-90. Unless reclaimed in accordance with such section, the purchaser at the public auction held by the demolisher shall be entitled to a sales receipt and shall obtain the same rights and privileges with respect to the vehicle so purchased as a purchaser at a public auction held by the City under § 394-91.
[1]
Editor's Note: Title 46.1 of the Code of Virginia
was repealed by Acts 1989, c. 727. See now Title 46.2.
B.
When vehicle acquired for demolition; surrender of
certificate of title; records to be kept.
(1)
Any demolisher who purchases or otherwise acquires
a motor vehicle for purposes of wrecking, dismantling or demolition
shall not be required to obtain a certificate of title for such motor
vehicle in his own name. After the motor vehicle has been demolished,
processed or changed so that it physically is no longer a motor vehicle,
the demolisher shall surrender to the Division for cancellation the
certificate of title or sales receipt therefor.
(2)
A demolisher shall keep an accurate and complete record
of all motor vehicles purchased or received by him in the course of
his business. These records shall contain the name and address of
the person from whom each such motor vehicle was purchased or received
and the date when such purchases or receipts occurred. Such records
shall be open for inspection by the Division and the Police Department
at any time during normal business hours.
[Amended by Ord. No. 02-10; Ord. No. 04-9]
A.
For purposes of this section, "motor vehicle" means
any motor vehicle or trailer. For purposes of this section, "inoperable"
means the same as "inoperable" as defined by the Code of Virginia,
§ 15.2-904: "any motor vehicle which is not in operating
condition; or 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."
B.
In accordance with the Code of Virginia, § 15.2-904,
the owner(s) of property, located in all zoning districts, shall remove
therefrom all inoperable motor vehicles that are not kept within a
fully enclosed building or structure or otherwise screened or shielded
from view from roads, rights-of-way, and adjoining property. Car covers
shall not be considered to be proper screening or shielding.
(1)
In the event that an owner of property fails to remove
the inoperable vehicles located thereon within 45 days of receipt
of notice either by personal service or sent via certified mail, return
receipt requested, the City of Lexington may remove any such vehicles
in accordance with the Code of Virginia, § 15.2-904. Any
such costs involved in removing the vehicle(s) by the City shall be
chargeable to the owner of the vehicle as taxes are collected, and
in the case that the owner of the vehicle is the owner of the property,
such costs shall constitute a lien against the property from which
the vehicle was removed, the lien to continue until actual payment
of the costs has been made.
(2)
The provisions of this section shall not apply to
a duly licensed dealer or operator for an automobile graveyard, junkyard,
salvage yard or holding yard or to those that are grandfathered or
that have a conditional use permit issued by an authorized agent of
the City of Lexington.
C.
Penalty. A violation of this section shall be a Class
1 misdemeanor, and each day of violation shall constitute a separate
offense. The officer (or any law enforcement officer) may issue summons
directly to any person or entity violating this section.
The City imposes a license tax in the amount
of $10 annually upon the owners of operable automobiles which do not
display current license plates and which are not exempted from the
requirements of displaying such license plates under the provisions
of §§ 46.1-42 through 46.1-49, 46.1-119 and 46.1-120
of the Code of Virginia,[1] are not in a public dump, in an automobile graveyard as
defined in § 33.1-348 of the Code of Virginia or in the
possession of a licensed junk dealer or licensed automobile dealer.
Nothing in this section shall be applicable to any vehicle being held
or stored by or at the direction of any governmental authority, to
any vehicle known to be owned by a member of the armed forces on active
duty, to any vehicle regularly stored within a structure, or to any
vehicle that is not within sight of any residence or public road.
[1]
Editor's Note: Title 46.1 of the Code of Virginia
was repealed by Acts 1989, c. 727. See now Title 46.2.
A.
License tax imposed. The City imposes a license tax
upon licensed automobile graveyards or junkyards in the amount of
$1 per annum for each automobile or hulk thereof within the premises
of such establishment on January 1 of each year.
B.
Location, screening, etc. No junkyard shall be hereafter
established, any portion of which is within 1,000 feet of the nearest
edge of the right-of-way of any interstate or primary highway or within
500 feet of the nearest edge of the right-of-way of any other highway
or City street, except the following:
(1)
Junkyards which are screened by natural objects, plantings,
fences or other appropriate means so as not to be visible from the
main traveled way of the highway or City street or otherwise removed
from sight.
(2)
Junkyards which are located in areas which are zoned
for industrial use under authority of state law or in unzoned industrial
areas as determined by the State Highway Commission.
(3)
Junkyards which are not visible from the main traveled
way of the highway or City street.
