Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Section 24-39 of Chapter 24 Entitled, “Open Storage of Inoperable Vehicles on Property Zoned for Residential Purposes,” to Make That Section Consistent with Applicable State Code Authority
Purpose
PURPOSE/BACKGROUND:
At Council's October 11, 2017 meeting, staff briefed Council on proposed amendments to the inoperable vehicle ordinance. Staff brought this proposal in response to increased complaints about inoperable vehicles. Those amendments, if adopted, will change the definition of inoperable vehicles to require a vehicle owner to have both a valid license plate and a valid inspection; shorten the notice period for an inoperable vehicle notice of violation; and limit the instances when inoperable vehicles are allowed to be screened from view.
Discussion:
See background.
Impact:
$0
Recommendation:
Rec
Approve
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 24 of the City Code of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 24. OFFENSES - MISCELLANEOUS
ARTICLE I. IN GENERAL
. . . .
Sec. 24-39. Open storage of inoperable vehicles on property zoned for residential purposes.
(a) For purposes of this section, the term "shielded or screened from view" means completely precluding visibility of the subject vehicle by someone standing at ground level from outside of the property on which the vehicle is located by placing the vehicle within an area completely enclosed by any combination of the following: (1) a solid, rigid, six-foot opaque fence composed of standard fencing materials; and/or (2) a landscape arrangement of non-deciduous trees or shrubs, sufficient in height, spacing, density and circumference. The placing, draping or securing of a tarpaulin or other non-rigid cover over and around an inoperable vehicle shall not be sufficient to comply with the requirements of this section.
(b) It shall be unlawful for any person to keep, or allow to be kept, on any property in the city zoned for residential purposes any inoperable vehicle unless the same is kept within a fully enclosed building or structure. However, notwithstanding the other provisions of this section, if the owner of an inoperable 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 vehicle that is shielded or screened from view and being used for the restoration or repair may remain on the property. In no event shall any person keep more than two inoperable vehicles, one of which is being actively worked on, which are shielded or screened from view.
The provisions of this section shall not apply to a licensed business that is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.
(c) For the purposes of this section, an "inoperable vehicle" shall mean any motor vehicle, trailer or semitrailer, as those terms are defined in Code of Virginia § 46.2-100, as amended, which:
(1) Is not in operating condition; or
(2) Does not display valid license plates; or
(3) Does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days. However, this provision shall not apply to vehicles that are not required to be inspected by the Virginia Department of Motor Vehicles.
(d) Upon discovery of a violation of subsection (b) of this section, the City Manager or his designee shall provide written notice to the owner of the real property on which the violation is discovered. The owner of such property shall remove therefrom any inoperable vehicle located thereon in violation of this section. The city, through its agents or employees may remove any such vehicle whenever the owner of the property, after a ten-day notice, has failed to do so. In the event the city so removes any such vehicle, the city through its agents or employees may dispose of such vehicle after giving additional notice to the owner of the vehicle. The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the city as taxes are collected. Every cost authorized by this section with which the owner of the premises shall have 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 city.
(e) An initial violation of this section shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00). A second or subsequent violation shall be punishable by a fine of not more than one thousand dollars ($1,000.00).
(f) If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this section.
Amendments to this section adopted on October 25, 2017 shall become effective on January 1, 2018.
State Law reference- Authority for above section, Code of Virginia, § 15.2-905.