(a) Statement of Policy. The City Council recognizes and declares that abandoned motor vehicles, junked motor vehicles and certain abandoned or inoperative household appliances are a public nuisance and a hazard to both adults and children and therefore are dangerous and constitute a clear and present danger; that said abandoned motor vehicles, junked motor vehicles and certain abandoned or inoperative household appliances serve as harborage and breeding places for rodents, insects and pests injurious to the public health, safety and general welfare; that the accumulation and storage of any of such items or parts thereof on private or public property, including but not limited to highways, is hereby found to create a condition tending to reduce the value of private property and to promote blight and deterioration which if permitted to remain will continue to destroy the natural beauty of this City and have adverse economic and social effects; that said abandoned motor vehicles, junked motor vehicles and certain abandoned or inoperative household appliances constitute an attractive nuisance creating a hazard to the health and safety of minors; that all such visual pollution is a deterrent to economic development; and that it is in the public interest and welfare to provide for a program to eliminate the unsightly practice of abandoning motor vehicles and certain abandoned or inoperative household appliances. In view of these findings, the City declares it to be the public policy of the City of New Cumberland to eliminate the present danger resulting from abandoned motor vehicles, junked motor vehicles, and certain abandoned or inoperative household appliances and to eliminate the visual pollutions resulting from these items, and that in order to provide for the public health, safety and welfare, and quality of life, to enact a section to that end by providing expeditious means and methods for effecting the disposal of abandoned motor vehicles, junked motor vehicles and certain abandoned household appliances. The City further finds and declares that the presence of an abandoned motor vehicle, junked motor vehicle, or an abandoned or inoperative household appliance, or any part thereof, on private or public property, including but not limited to highways, except as expressly hereinafter permitted, is a public nuisance injurious to the public health, safety and general welfare of the citizens of this City which shall be abated as such by the methods provided in this section.
(b) Definitions. Unless the context clearly indicates a different meaning, as used in this section, the following definitions shall apply:
(1) "Abandoned household appliance" includes but shall not be limited to a refrigerator, deep freeze, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode or bed springs, mattresses, microwave oven, outdoor gas grills, computers or any part thereof, including monitor, central processing unit, printers and facsimile machines.
(2) "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 more than 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 more than five days, or any motor vehicle, or major part thereof, which has remained on private property without the 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.
(3) "Demolisher" means any person licensed by the Commissioner of the Department of Transportation, Division of Highways, whose business, to any extent or degree, is to convert a motor vehicle or any part thereof or an inoperative household appliance into processed scrap or scrap metal, or into saleable parts, or otherwise to wreck or dismantle vehicles or appliances.
(4) "Enclosed building" means a structure surrounded by walls or one continuous wall, and having a roof enclosing the entire structure and includes a permanent appendage thereto.
(5) "Enforcement agency" means any of the following or combination of the following:
A. Public law enforcement officers of this City or of the United States, including members of the Department of Natural Resources;
B. Public law enforcement officers of any county, city or town within this City; and
C. The Commissioner of the Department of Transportation, Division of Highways, his duly authorized agents and employees.
(6) "Inoperative household appliance" includes but is not limited to any refrigerator, deep freeze, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode or bed springs, mattresses, microwave oven, outdoor gas grills, computers or any part thereof, including monitor, central processing unit, printers and facsimile machines which, by reason of mechanical or physical defects, can no longer be used for its intended purpose, and which is either not serving a functional purpose or use and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(7) “Junked motor vehicle" means a motor vehicle, or any part thereof (other than a farm utility vehicle actually located upon the property to be farmed), which:
A. Is discarded, wrecked, ruined, scrapped or dismantled,
B. Does not have displayed upon it an inspection sticker as required by West Va. Code 17C-16-1, et. seq. which is current or which has been expired for less than one year, or
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.
(8) "Licensed salvage yard" means a salvage yard licensed under West Va. Code 17-23-1, et seq.
(9) "Motor vehicle" means:
A. A vehicle which is or was self-propelled but not limited to automobiles, trucks, buses, four-wheelers, recreational vehicles, motor homes and motorcycles, and
B. A vehicle which is not self-propelled but is or was manufactured or intended for travel upon the roads or highways of this City under propulsion by a self-propelled vehicle, including but not limited to campers and trailers.
(10) "Person" includes a natural person, corporation, firm, partnership, association or organization, and the plural as well as the singular.
(c) Abandonment of Motor Vehicles Prohibited; Penalties.
(1) No person shall, within this City, abandon a motor vehicle upon a right-of-way of any public highway, upon any other public property, or upon any private property which he does not own, lease, rent or otherwise control unless it is at a licensed salvage yard or at the business establishment of a licensed demolisher.
(2) Any person who violates any provision of subsection (c)(l) hereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced as follows:
A. For a first offense, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and shall be assessed the actual costs of the towing and storage of the motor vehicle(s) or appliance(s) which are the subject of the offense.
B. For a second offense, shall be fined not less than five hundred ($500.00) nor more than one thousand dollars ($1,000) and shall be assessed the actual costs of the towing and storage of the motor vehicle(s) or appliance(s) which are the subject of the offense.
C. For a third or subsequent offense, shall be fined not less than five hundred ($500.00) nor more than one thousand dollars ($1,000), shall be assessed the actual costs of the towing and storage of the motor vehicle(s) or appliance(s) which are the subject of the offense and, in addition to such fine and costs, may be imprisoned for up to thirty days.
(d) Junked Motor Vehicles Prohibited in Certain Places; Penalties. No person shall, within this City, place or deposit any junked motor vehicle upon the right-of-way of any public highway or upon any other public property, nor shall any person, within this City, place or deposit any junked motor vehicle upon any private property unless it is at a licensed salvage yard or at the business establishment of a demolisher. Notwithstanding the provisions of this section, it shall be an affirmative defense that the person charged with keeping a motor vehicle which falls within the definition of a "junked motor vehicle" may keep said "junked motor vehicle" for a period not to exceed one year if that vehicle is actually being used by the person charged as a source of spare parts for the rebuilding of another motor vehicle owned by the person charged.
(e) Inoperative or Abandoned Household Appliances in Certain Places Prohibited; Penalties.
(1) No person shall, within this City, place or deposit any inoperative or abandoned household appliances upon the right-of-way of any public highway or upon any other public property nor abandon the same upon any private property unless it be at a licensed salvage yard or at the business establishment of a demolisher.
(2) Any person who violates any provision of subsection (e)(1) hereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced as follows:
A. For a first offense, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and shall be assessed the actual costs of the removal and storage of the appliance(s) which are the subject of the offense.
B. For a second offense, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) and shall be assessed the actual costs of the removal and storage of the appliance(s) which are the subject of the offense.
C. For a third or subsequent offense, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000), shall be assessed the actual costs of the towing and storage of the appliance(s) which are the subject of the offense and, in addition to such fine and costs, may be imprisoned for up to thirty days.
(f) Authority to Take Possession of Abandoned Motor Vehicles, Junked Motor Vehicles and Inoperative or Abandoned Household Appliances.
(1) Any enforcement agency which has knowledge of or discovers or finds any abandoned motor vehicle, any junked motor vehicle, or inoperative or abandoned household appliance on either public or private property shall take the same into his custody and possession. For that purpose, the enforcement agency may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles, junked motor vehicles, or inoperative or abandoned household appliances; provided, that before taking any abandoned motor vehicle, junked motor vehicle or inoperative or abandoned household appliance into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of said motor vehicle or household appliance, notice as follows:
A. The City Police Chief or the City Building Inspector shall send a certified mail, return receipt requested, restricted delivery notice to the private property owner with a description of the motor vehicle and the location of the motor vehicle. Said notice shall advise the private property owner that he or she is in violation of this section and that said violation must be corrected immediately or the subject motor vehicle removed. Said private property owner shall then have 30 days from the date of said notice to request in writing a hearing before the Municipal Judge to show cause why the motor vehicle should not be removed by the Police Department pursuant to this section. If no such request is received within 30 days, the Municipal Judge shall issue an order finding that the subject vehicle is an abandoned or junked motor vehicle within the meaning of this section and authorizing the Police Department to remove said vehicle from the property of the private property owner.
B. Upon issuance of the order authorizing the Police Department to remove said motor vehicle from the property of the private property owner, the City Police Chief or the City Building Inspector shall mail a second notice by certified mail, return receipt requested, restricted delivery, to the private property owner notifying him that said order has been issued and that, unless the private property owner files a written request to appeal said order to Circuit Court within ten days from the date of said notice, the Police Department will execute said order and remove the motor vehicle from the private property. If the private property owner should appeal, he or she shall post a cash bond in the amount of five hundred dollars ($500.00). Failure to post the required bond shall result in the dismissal of the appeal.
C. If no appeal is filed and the vehicle has not been removed from the subject property, the Police Department shall enter upon said private property and shall execute the order authorizing removal of the abandoned or junk motor vehicle by having the same towed by a wrecker service authorized to do business in Hancock County, West Virginia by the West Virginia Public Service Commission.
D. In the event that the private property owner refuses to accept or fails to claim one or more of the certified mail notices required in this section, no further notice shall be required to the said private property owner prior to execution of an order authorizing the removal of an abandoned or junk motor vehicle.
(2) Failure of the owner of said vehicle or the lien holder to reclaim said motor vehicle shall be deemed a waiver by the owner and all lien holders of record of all right, title and interest in the motor vehicle and of their consent to the sale or disposal of the abandoned motor vehicle or junked motor vehicle at a public auction or to a licensed salvage yard or demolisher.
(g) Abandoned or Junked Motor Vehicles; Charges and Fees.
(1) The City shall store any vehicle removed from private property pursuant to this section at a wrecker service storage yard for at least ten (10) days after being taken into custody and possession.
(2) The owner of said vehicle and any lien holders of record may reclaim the motor vehicle within ten days after said vehicle was taken into custody and possession upon payment of all towing, preservation and storage charges resulting from taking and placing the motor vehicle into custody and possession within the ten days.
(h) Disposal of Abandoned Motor Vehicles, Junk Motor Vehicles, Old Vehicle Tires and Inoperative or Abandoned Household Appliances.
(1) If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided for herein, the enforcement agency in possession of the abandoned motor vehicle or junked motor vehicle shall sell it either at a public auction or to a licensed salvage yard or demolisher. The purchaser of such motor vehicle shall take title to such motor vehicle free and clear of all liens and claims of ownership, and shall receive a sales receipt from the enforcement agency which disposed of such motor vehicle.
(2) When an enforcement agency has in its custody and possession inoperative or abandoned household appliances collected in accordance with this section, it shall sell the property from time to time at public auction or to a licensed salvage yard or demolisher.
(i) Proceeds from Sale of Abandoned Motor Vehicles: Junked Motor Vehicles; Inoperative or Abandoned Household Appliances. From the proceeds of any such sale, the enforcement agency which sold the abandoned motor vehicle, junked motor vehicle, inoperative or abandoned household appliance shall reimburse itself first: for any expenses it may have incurred in removing, towing, preserving and storing said property and the expenses of conducting any auction and; second: any notice and publication expenses incurred pursuant to this article. If there be any remaining proceeds of any such sale, said remaining proceeds shall be applied first to any fines and court costs which are due and owing upon the conviction of any person of any misdemeanor pursuant to this section incident to the keeping or abandoning of said property. Any proceeds remaining after the payment of such fines and court costs shall be remitted to the owner of said property. If the owner of the said property cannot be ascertained by the exercise of due diligence, then the remaining proceeds from the sale of said property shall be remitted to the general treasury of the City.
(j) Injunctive Relief; Additional Remedy. In addition to all other remedies provided for in this article, the City, through its attorney, may apply to the circuit court, or the judge thereof in vacation, of the County where the alleged violation occurred, for an injunction to restrain or prevent or abate the maintenance and storage of abandoned motor vehicles, junked motor vehicles, inoperative or abandoned household appliances, in violation of any provision of this section.
(k) Construction; Severable Provisions. The provisions of this section shall be liberally construed to accomplish objectives and purposes hereof. If any provision of this section or the application thereof to any person or circumstance be held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect or invalidate other provisions or applications, and to this end all of the provisions of this article are hereby declared to be severable. (Ord. 10-004. Passed 5-3-10.)