COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Abandoned and Unattended Motor Vehicles Ordinance

 

SUBJECT/PROPOSAL/REQUEST:

Public hearing to consider proposed ordinance to amend County Code Chapter 9, Motor Vehicles and Traffic, Article I, In General, Section 9-114, Removal and disposition of abandoned or unattended vehicles, to conform time requirements for removal of such vehicles to state law.

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Miller, Trank

 

LEGAL REVIEW:   Yes

 

 

AGENDA DATE:

December 7, 2005

 

 

ACTION:     X          INFORMATION:   

 

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

 

ATTACHMENTS:     Yes

 

 

REVIEWED BY:

 


 

 

BACKGROUND: 

Upon review of County Code section 9-114, which authorizes the County Police Department to remove motor vehicles from public and private property under certain circumstances, staff determined that this section was inconsistent with the state enabling authority in certain respects.  Specifically, the current ordinance provides that an abandoned or unattended motor vehicle may be removed from public or private property if it lacks a valid license plate, valid county sticker or valid state inspection sticker and the vehicle has been in the same specific location for 48 hours without being moved.  However, the enabling legislation for this ordinance, Virginia Code Section 46.2-1213, provides that such vehicles may only be removed if left unattended for more than 10 days.  The purpose of the proposed ordinance amendment is to correct this inconsistency and conform the time limit to state law.

  

STRATEGIC PLAN:

Goal 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play.

 

DISCUSSION:

The current ordinance authorizes the County Police Department to remove abandoned or unattended vehicles on public roadways or other public property, and, in certain cases, from private property.  The proposed ordinance clarifies that an abandoned or unattended vehicle may be removed by the County for safekeeping or other authorized purposes to a storage area if (1) it is inoperable or left unattended on a public highway or other public property and constitutes a traffic hazard; (2) it is illegally parked; (3) it is left unattended for more than 10 days either on public property or on private property without the permission of the property owner, lessee, or occupant; or (4) it is immobilized on a public roadway by weather conditions or other emergency situation.  Removal under this ordinance must occur by a police officer or other uniformed law enforcement personnel designated by the Chief of Police.  The ordinance does not apply to situations involving removal of vehicles from private property generally by the owners of such property, or their agents or representatives, nor does it restrict such removal by private property owners.

 

The proposed ordinance does not enlarge the authority of the County Police to remove vehicles from private property, but simply changes the time within which abandoned or unattended vehicles may be removed from 48 hours to 10 days, and otherwise conforms these provisions with state law.

 

BUDGET IMPACT:

The adoption of this ordinance is not expected to generate additional revenue or cost.

 

RECOMMENDATIONS:

After the public hearing, staff recommends that the Board adopt the attached ordinance.

 

ATTACHMENTS:

A Proposed ordinance
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