For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle, or substantial part thereof, that is functionally or legally inoperative and that has been left unattended, discarded or deserted on either public or private property, other than such a vehicle that is kept or maintained within a fully enclosed building or within a licensed salvage yard, vehicle auction establishment or licensed and appropriately zoned vehicle repair establishment. To avoid any possible misunderstanding, a FUNCTIONALLY INOPERATIVE VEHICLE is one that cannot be driven from its stored location, and a LEGALLY INOPERATIVE MOTOR VEHICLE specifically includes any vehicle that is not currently licensed, inspected or registered, and in either case, is not kept or maintained within a fully enclosed building, licensed salvage yard, vehicle auction establishment or licensed and appropriately zoned vehicle repair establishment or in the actual possession of the demolisher or repair enterprise.
CITATION. Any written order issued by the Town Inspector, Code Enforcement Officer or a police officer requiring the cited person to appear before the Town Municipal Court at a later date.
ENCLOSED BUILDING. A structure surrounded by connected and intersecting walls, or one continuous wall, and having a roof enclosing the entire structure, and includes a permanent appendage thereto.
JUNKED MOTOR VEHICLE. Any motor vehicle, or part thereof, other than an on-premises farm utility vehicle, that is discarded, wrecked, ruined, scrapped or dismantled and cannot pass the state inspection required by W. Va. Code §§ 17C-16-1 et seq., as amended.
MOTOR VEHICLE. Any vehicle that is or was self-propelled, including, but not limited to, any automobile, truck, bus, motorcycle or all-terrain vehicle (ATV).
MUNICIPAL COURT. The Municipal Court of the town or the Judge thereof.
PERSON. Any natural person, corporation, firm, partnership, association or society, and the plural as well as the singular.
PRIVATE PROPERTY. Any nonpublic, real property owned or occupied by any person whomsoever.
PUBLIC PROPERTY. Any public street, alley, sidewalk or other property not privately owned.
WARNING NOTICE. A 30-day notice, described and set forth pursuant to the statutory provisions of W. Va. Code § 17-24A-3, that requires the enforcement agency to give the private property owner and the owner of the subject abandoned or junked motor vehicle, if ascertainable, a 30-day written NOTICE, by registered or certified mail, that the action will be taken unless the motor vehicle is restored to a functional use and legally operative condition, or further pursuant to this subchapter, the subject motor vehicle is otherwise brought into compliance by proper removal or being moved within an enclosed building.
ZONING AND CODE ENFORCEMENT OFFICER. The duly appointed Zoning and/or Code Enforcement Officer of the town.
(Ord. 7-423, passed 11-1-2022)