The Town Council hereby makes the following findings.
(A) The statutory provisions of W. Va. Code § 8-12-5(10) specifically authorize municipalities to, by ordinance or resolution, as the case may require, require the disposal of garbage, refuse, debris, waste ashes, trash and other similar accumulations, whether on private or public property.
(B) The statutory provisions of W. Va. Code § 8-12-5(13) specifically authorize municipalities, by ordinance or resolution, as the case may require, and by appropriate action based thereon, to prevent injury or unwholesome acts.
(C) The statutory provisions of W. Va. Code § 8-12-5(22) specifically authorize municipalities, by ordinance or resolution, as the case may require, and by the appropriate action based thereon, to provide for the elimination of hazards to public health and safety and to abate or cause to be abated anything which, in the opinion of a majority of the governing body, is a public nuisance.
(D) The statutory provisions of W. Va. Code § 8-12-5(43) specifically authorize municipalities, by ordinance or resolution, as the case may require, and by appropriate action based thereon, to protect and promote the public morals, safety, health, welfare and good order.
(E) The statutory provisions of W. Va. Code § 8-12-5(57) specifically authorize municipalities, by ordinance or resolution, as may require, and by appropriate action based thereon, to provide penalties for offenses and violations of law in W. Va. Code § 8-12-5, as amended.
(F) The statutory provisions of W. Va. Code §§ 17-24A-1 et seq. specifically address abandoned and junked motor vehicles, including the opportunity of municipal enforcement agencies, such as the Town Inspector, Code Enforcement Officer or police officers of the town, to take certain actions to take custody and possession of such vehicles.
(G) The Town Council deems the parking or storage of any motor vehicle that has been abandoned, or which otherwise is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, upon any public property situated within the corporate limits of the town for any period of time, and upon any private property situated within the town limits for a period exceeding 30 days, to constitute a violation of W. Va. Code § 8-12-5(10), (13), (22) and (43), as amended, unless such vehicle is stored completely within an enclosed building located upon private property only, or further, unless such vehicle is so stored or parked on private property only in connection with a duly licensed business or commercial enterprise operated and conducted pursuant to law when such parking or storage of vehicles is necessary to the operation of the business or commercial enterprise.
(H) The Town Council further finds that the keeping of abandoned or junked motor vehicles reflects negatively upon the appearance and image of the community, impairing property values and damaging neighborhood harmony.
(I) The Town Council further deems it to be reasonable and appropriate to establish specific warning notice provisions for those violating the provisions of this subchapter by storing abandoned or junked motor vehicles upon private property prior to the issuance of any citation that could result in the imposition of penalties, which include possible fines and the imposition of fees, costs and expenses incurred by the town, against persons convicted of violating the provisions of this subchapter.
(Ord. 7-423, passed 11-1-2022) Penalty, see § 91.99