20040727 2004-17ORDINANCE NO. 2004-17
AN ORDINANCE AMENDING AND REENACTING CHAPTER 98,
ARTICLE IV, SECTION 9~163, OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA CONCERNING INOPERABLE MOTOR
VEHICLES.
BE IT ORDAINED, by the City Council of the City of Fairfa,
Virginia, that Section 9~163, of Article IV, Chapter 98, of the
Code of the City of Fairfax is hereby amended and reenacted in
its entirety as follows:
Sec. 98 -163. Keeping inoperable motor vehicles; removal and
disposition.
(a) Prohibition. It shall be unlawful for any person to keep an
inoperable motor vehicle on any property located in a
residential or commercial district within the city, except
within a fully enclosed building or structure or otherwise
shielded or screened from view. Tarpaulins, te nts and other
similar temporary structures of coverings shall not be deemed to
satisfy the requirements of this section.
(b) Applications to business on June 26, 1970. 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) Notification of violation; removal by city;
notification of disposal; redemption.
(1) Upon determining that an inoperable 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.
(2) Notwithstanding the other provisions of this
subsection, if the owner of such 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 inoperative motor vehicle
being used for the restoration or repair may remain on
the property.
(3) If the violation has not been remedied and the
provisions of subsection(c) (2) are determined to be
inapplicable by the city manager or his designee, in
their sole discretion, within ten days after notice was
given to the own er of the premises, the city manager or
his designee shall direct that the vehicle be removed
from the premises and stored for a period of no less than
seven days. Upon the removal of the vehicle from the
premises, the city manager or his designee shall give
notice to the owner of the vehicle, or, if the owner of
the vehicle cannot be ascertained after reasonable
inquiry, give notice to the owner or tenant of the
premises that the vehicle will be disposed of if it has
not been redeemed within seven days of its removal. To
redeem the vehicle, the owner of the vehicle must pay all
reasonable costs incurred in the removal and storage of
the vehicle and provide reasonable assurances that the
violation of this section will not recur.
(d) Disposal by city mana ger. Should the owner of the
vehicle fail or refuse to redeem the vehicle within seven days
of its removal from the premises or should the identity or
whereabouts of the owner be unknown or unascertainable after a
reasonable effort has been made, the city manager or his
designee may dispose of the vehicle by any reasonable means,
including assignment of the vehicle to a salvage dealer for
scrap value.
(e) Responsibility for cost of removal and storage. If the
proceeds from the sale of the vehicles are insufficient to pay
the cost of the removal and storage of the vehicle, the costs
of the removal and disposal may be charged to either the owner
of the inoperable vehicle or the owner of the premises the
owner of the premise s and the owner of the vehicle, if
different, shall be jointly and severally liable for the
costs. The city treasurer shall compute and mail a bill for
these unrecovered costs chargeable to the owner of the
premises or of the vehicle and these costs shall be
collectable in the same manner as taxes. These costs shall
constitute a lien against the property from which the vehicle
was removed, and this lien shall continue until actual payment
of the costs has been made to the city.
(f) Penalty for violation. In addition to the remedies
provided for in this section, any person, firm or corporation
violating this section shall be deemed guilty of a class 3
misdemeanor. The remedies provided in this section are
cumulative and not exclusive and shall not be deemed to
preclude the remedies otherwise available under the law.
(g) For the purposes of this section, "shielded or screened from
view" means hidden from sight by plantings or non -transparent
fences of a height exceeding the height of the motor vehicle
which is reasonably compatible with the aesthetic design of the
property upon which such plantings or fences reside. For the
purposes of this section "inoperable motor vehicle" means any
motor vehicle, trailer or semitrailer which is not in
operating condition; or does not display valid licen se plates;
or does not display an inspection decal that is valid or does
display an inspection decal that has been expired for more
than 60 days. The provisions of this section shall not apply
to a licensed business which is regularly engaged in business
as an automobile dealer, salvage dealer or scrap processor.
INTRODUCED: July 13, 2004
PUBLICE HEARING: July 27, 2004
ADOPTED: July 27, 2004
Attest:
Date
City Clerk
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthome Absent
Councilwoman Winter Aye