§ 13-62. Restriction on keeping inoperable motor vehicles; removal of such vehicles.

(a)

It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or otherwise shielded or screened from view, on any property zoned A, R, R-TH, R-MF, O and C, as those zoning classifications are defined in chapter 19.1, any motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperable. As used in this section "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located.

(b)

Notwithstanding subsection (a), one motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia § 46.2-100, as amended, which is inoperable may be kept outside of a fully enclosed building, provided it is shielded or screened from view by covers, on any property zoned A, R, R-TH, R-MF, MH-1, MH-2, O and C, as defined in chapter 19.1, if the vehicle is kept in the rear yard of the property. The rear yard shall be the yard extending between the rear line of the lot and the nearest line of the rear of the main building on the lot, excluding the corner side yard on a corner lot.

(c)

The owners of property zoned A, R, R-TH, R-MF, MH-1, MH-2, O and C, as defined in chapter 19.1, shall remove from their property any inoperable motor vehicles, trailers or semitrailers which are in violation of this section within ten days after the date on a notice from the county to remove such inoperable motor vehicles, trailers or semitrailers. The notice shall be delivered by hand to the property owner or sent by first class mail to the last address listed for the property owner on the county's real estate assessment records for the property. If the owners of the property do not remove the inoperable motor vehicles, trailers or semitrailers from the property within ten days after being given notice to do so by the county, then the county, its agent or employees may remove the inoperable motor vehicles, trailers or semitrailers from the property. After giving an additional ten days' notice to the owners of the vehicles, the county may dispose of such motor vehicles, trailers or semitrailers. The notice shall be in writing and shall be delivered by hand to the vehicle owner or sent by first class mail to the last known address of the vehicle owner. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle being used for restoration or repair may remain on the property.

(d)

The cost of removal and disposal of the inoperative motor vehicles, trailers and semitrailers shall be chargeable to the owners of the property from which the inoperable motor vehicles, trailers and semitrailers were removed or to the owners of the inoperable motor vehicles, trailers and semitrailers. The costs of removal and disposal may be collected in the same way that taxes and levies are collected. Every cost authorized by this section against the owner of the property from which the inoperative motor vehicles, trailers and semitrailers was removed shall constitute a lien against that property. The lien shall continue until payment of the assessed costs have been paid.

(e)

As used in this section, the term "inoperable motor vehicle" means 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; or on which there are displayed neither valid license plates nor a valid inspection decal.

(f)

This section shall not apply to any business lawfully conducted on property that is zoned to permit the keeping of inoperable motor vehicles, trailers or semitrailers; nor shall this section apply to a licensed business that on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

(g)

Compliance with this section shall not exempt any owner of an inoperable vehicle from the license tax imposed by section 13-54 of this Code.

(Code 1978, § 14.1-27.1; Ord. of 10-28-98, § 1; Ord. of 10-13-04(3), § 1; Ord. of 11-22-05(3), § 1; Ord. of 8-26-15(1), § 1; Ord. No. 5-23-18(1), § 1)

State Law reference— Authority to regulate, Code of Virginia, § 15.2-904.

(Code 1978, § 14.1-27.1; Ord. of 10-28-98, § 1; Ord. of 10-13-04(3), § 1; Ord. of 11-22-05(3), § 1; Ord. of 8-26-15(1), § 1; Ord. No. 5-23-18(1), § 1)

State law reference

Authority to regulate, Code of Virginia, § 15.2-904.