ORDINANCE NO. 05-9(  )

 

AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, Article I, In General, is hereby amended and reordained as follows:

 

By Amending:

Sec. 9-114  Removal and disposition of abandoned or unattended vehicles

 

 

CHAPTER 9.  MOTOR VEHICLES AND TRAFFIC

 

ARTICLE I.  IN GENERAL

 

Sec. 9-114 Removal and disposition of abandoned or unattended vehicles, etc.

 

A.         A vehicle shall be deemed abandoned 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.

 

A.         As used in this section,"abandoned motor vehicle" means a motor vehicle, trailer, or semitrailer or part of a motor vehicle, trailer, or semitrailer that:

 

1.         Is inoperable and is left unattended on public property for more than forty-eight hours, or

 

2.         Has remained illegally on public property for more than forty-eight hours, or

 

3.         Has remained for more than forty-eight hours on private property without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property, or

 

4.         Lacks either a current license plate, current county sticker or current state inspection sticker and it has been in a specific location for four days or more without being moved.

 

            B.         A vehicle shall be deemed unattended if: As used in this section an “unattended vehicle” means a motor vehicle, trailer, or semitrailer or part of a motor vehicle, trailer, or semitrailer that: 

 

1.         The vehicle is Is illegally parked and the owner or operator is not present; or

 

2.         The vehicle is Is stopped on a public highway or road other public property, constitutes a traffic hazard and the owner or operator is not present; or

 

3.         The vehicle is Is stopped on a public highway, public road or other public property or private property without the consent of the property owner, lessee or occupant and the vehicle has been in such location for more than 48 hours ten (10) days without being attended by the owner or operator.

 

            C.         An abandoned or unattended vehicle may be removed 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; or

 

2. It is illegally parked; or

 

3. It is left unattended for more than ten (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.

 

            CD.      Removal of abandoned or unattended vehicles under this section shall be carried out by or under the direction of police Police officers or other uniformed law enforcement personnel designated by the chief of police may remove or cause to be removed any abandoned or unattended vehicle from public highways or roadsVehicles removed under the authority of this section shall be taken to storage area(s) for safekeeping or other authorized purposes.    

           

            DE.       Abandoned or unattended vehicles left on private property may be removed or caused to be removed by or under the direction of police officers or other uniformed law enforcement personnel designated by the chief of police, but only at the written request of the property owner, lessee or occupant of the premises.  The property owner, lessee or occupant of the premises must provide in writing for the indemnification of the county against any loss or expense incurred by reason of removal, storage or sale of the abandoned or unattended vehicle.

 

F.         In the case of the removal of a motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer from private property under this section, when it cannot be readily sold, the motor vehicle, trailer, semitrailer, or part thereof may be disposed of in accordance with law and pursuant to procedures adopted by the county.

            G.         After authorized removal has occurred, disposal of a motor vehicle, trailer, semitrailer or part thereof may occur under the provisions of this section after a diligent search for the owner, after notice to him at his last known address and to the holder of any lien of record in the office of the Virginia Department of Motor Vehicles (DMV) against the motor vehicle, trailer, or semitrailer, and after the motor vehicle, trailer, or semitrailer has been held at least sixty (60) days.  The DMV shall be notified of the disposition of any motor vehicle, trailer, or semitrailer under the provisions of this section.

 

            EH.       As soon as possible after removal has occurred under paragraph (CD) or (DE), the police department must notify the owner of the vehicle of the vehicle’s location and the procedure for the owner to recover the vehicle.

 

(Code 1988, § 12-6.4; Ord. 98-A(1), 8-5-98; Ord. 05-9(1), 10-5-05)

 

                State law reference--Authority, Va. Code §§ 46.2-1213, 46.2-1215, 46.2-1217.

 

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