(a) Definitions.
(1) “Abandoned motor vehicle” means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public or private property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher, or any motor vehicle, or major part thereof, which has remained illegally on public or private property for any period of time over five days, or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over three days, or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(2) “Junked motor vehicle” means a motor vehicle or any part thereof, other than an on-premise farm utility vehicle, which:
A. Is discarded, wrecked, ruined, scrapped or dismantled;
B. Cannot pass the State inspection required by West Virginia Code 17C-16-1 et seq.;
C. Is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(3) “Motor vehicle” means a vehicle which is or was self-propelled, including but not limited to automobiles, trucks, buses and motorcycles.
(WVaC 17-24-2)
(4) “Inoperable motor vehicle” means any motor vehicle from which, for a period of at least sixty days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. Inoperable motor vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations nor to any motor vehicles that are kept within a building when not in use, to historic vehicles over twenty-five years of age, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
(b) Abandoning or Depositing Prohibited.
(1) No person shall abandon a motor vehicle upon the right-of-way of any public street or highway, upon any other public property, or upon any private property which he does not own, lease, rent or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher.
(WVaC 17-24-3)
(2) No person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than fifteen days; and no person shall leave any such vehicle on any property within the Town for a longer time than fifteen days; except that this subsection shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town.
(c) Nuisance. Inoperable motor vehicles, whether on public or private property, are hereby declared to be a nuisance.
All persons are required to dispose of any inoperable motor vehicle under their control upon written notice received from Council or from the Chief of Police or any member of his department designated by him commanding such disposition of the inoperable motor vehicle. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within seven days and shall state that unless such nuisance is so abated, the Town will cause the same to be abated and will charge the costs thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Mayor or Chief of Police shall cause the abatement or removal of the public nuisance and charge the costs thereof to the owner, occupant, or person causing, permitting or maintaining the same.
(d) Impounding. The Chief of Police or any member of his department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the City which reasonably appears to be in violation of this section or which reasonably appears to be lost, stolen or unclaimed, or which is an inoperable vehicle. Such vehicle shall be impounded until lawfully claimed or disposed of.
(e) Penalty. Any person who willfully violates this section by refusing to abate a nuisance by failing to dispose of any inoperable motor vehicle under this control after receipt of written notice as hereinabove set forth shall be fined as provided in Section 303.99
.
(Passed 3-27-01.)