19851022 1985-29ORDINANCE NO. 1985-29
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA TO PROVIDE THAT IT SHALL BE
UNLAWFUL TO KEEP INOPERATIVE MOTOR VEHICLES UNLESS
SCREENED FROM PUBLIC VIEW.
BE IT ORDAINED by the City Council of the City of Fairfax,
,irginia that Section 13-28 of the City Code be amended and that
iection 13-49 be added to the City Code as follows:
1. Add the term "Inoperative motor vehicle" in alphabetical
,rder to Section 13-28 to read as follows:
"Inoperative motor vehicle. Any motor vehicle, trailer
or semi-trailer which is not in operating condition or
which for a period of ninety days or longer has been
partially or totally disassembled by the removal of
tires and wheels, the engine, or other essential parts
required for the operation of the vehicle."
2. Add new Section 13-49, "Removal and disposition of
~noperative vehicles" to read in its entirety as follows:
"Sec. 13-49.
Unlawful to Keep Inoperative Motor
Vehicles; Removal and Disposition.
(a) It shall be unlawful for a person to keep
any inoperative motor vehicle on any property in any
residential or commercial district of the city except
within a fully enclosed building or structure or
otherwise shielded or screened from public view.
Tarpaulins, tents and other similar temporary struc-
tures shall not be deemed to satisfy the requirements
of this section.
(b) 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.
(c) When any inoperative motor vehicle is kept in
violation of this section, the city manager or his
designee shall give written notice of the violation to
the owner of the premises, as listed in the current
real estate tax assessment records. Such notice shall
describe the vehicle; demand that the violation be
remedied within ten days after receipt of the notice;
warn that failure to comply will result in the removal
and storage of the vehicle; that removal, storage,
investigation and disposal costs may be charged to the
owner of the vehicle or premises and collected by the
city as taxes and levies are collected; warn that such
costs may be assessed against the owner of the premises
and as such shall constitute a lien against the
premises until paid; and advise that the owner of the
premises, within ten days after receipt of the notice
of violation, may request a hearing.
(d) If the violation is not remedied within the
time period required, the city manager or his designee
may cause the vehicle to be removed to a storage garage
or area under the supervision of the city police.
(e) After removal of the vehicle, the city mana-
ger or his designee shall give written notice of the
removal and of an intent to dispose of the vehicle to
the owner of the vehicle. Such notice shall describe
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the vehicle; warn that the vehicle may be sold at a
public sale, or by private sale or junked if the value
of the vehicle be determined by three disinterested
dealers or garagemen to be less than $150.00; advise
that possession of the vehicle can be obtained prior to
the sale by paying all reasonable costs incidental to
the removal and storage of the vehicle, locating the
owner and sending the notices; and advise that the
owner of the vehicle, within ten days of receipt of the
notice of disposal, may request a hearing.
(f) Should the owner fail or refuse to pay the
costs or should the identity or whereabouts of the
owner be unknown or unascertainable after a reasonable
effort has been made, and after notice to the owner of
the vehicle at the last known address and to the holder
of any lien of record in the office of the Department
of Motor Vehicles in Virginia, the chief of police may,
after holding the vehicle for thirty days and after due
notice of sale, dispose of the vehicle at a public sale
and the proceeds from the sale shall be forwarded by
the chief of police to the city treasurer; provided,
that if the value of the vehicle be determined by three
disinterested dealers or garagemen to be less than
$150.00 it may be disposed of by private sale or
junked.
(1) The proceeds of the sale should be
handled as set forth in the second and third paragraphs
of Section 13-44 of this chapter.
(2) If the proceeds of the sale are insuffi-
cient to pay the costs of the removal and storage of
the vehicle, locating the owner and any lienholders,
sending notices and holding the sale, the city
treasurer or his designee shall compute and mail a bill
for such unrecovered costs chargeable to the owner of
the premises or vehicle within a reasonable time after
the sale. If the city does not receive payment within
thirty days after mailing the bill, the unrecovered
costs shall be charged to the owner of the premises and
collected in the same manner as city taxes. Every such
cost shall constitute a lien against the real estate
from which the inoperative vehicle was removed which
lien shall continue until such costs are paid.
(g) Ail written notices required by this section
shall be by registered or certified mail, or hand
delivered to the addressee or his agent.
(h) Ail hearing requests under this section shall
be made in writing and directed to the city manager or
his designee. All hearings shall be before the city
manager or his designee."
This ordinance shall become effective on January 1, 1986.
iNTRODUCED: 0c%ober $, 1985
?UBLIC HEARING BEFORE CITY COUNCIL: 0ctobe..r. 22: 1~8~
.PTED:
ST:
October 22, 1985
erk