(a) The establishment, operation, or maintenance of a salvage yard or any part thereof in violation of any provision of this article is hereby declared to be a public nuisance.
(b) Council upon finding a salvage yard in violation of this article may take actions to abate such nuisance as authorized under West Va. Code 8-12-5, paragraph 23, as amended.
(c) Upon a finding by a majority of Council that such salvage yard is not violation of this article, and is, therefore, a public nuisance, the owner and/or operator shall be notified of the violation by certified mail, ten days after which shall be held a hearing before Council, or such committee as Council shall designate, at which time the owner or operator of the salvage yard may appear to defend his/her interests.
(d) Upon a petition signed by five or more citizens of the City adversely affected by a salvage yard which is alleged to be in violation of this article, Council shall hold a hearing in compliance with subsection (c) hereof.
(e) Failure of the owner or operator of the salvage yard to appear for the aforementioned hearing will result in a default ruling against the owner or operator, and in favor of all interested parties.
(f) Any individual, firm, partnership, association, or corporation found to be in violation of this article, whether as principal, agent or employee, shall be punished by a fine of five hundred dollars ($500.00), and such individual, firm, partnership, association, or corporation shall be guilty of a separate offense for each month during a portion of which any violation of this article is committed, continued, or permitted.
(g) Upon the failure of the owner or operator to pay the fines and fees associated with a violation of this article for a period exceeding 180 days, Council shall bring a cause of action in the Magistrate Court or Circuit Court of Hancock County to enforce said fines and fees, and may thereby acquire a judgment lien on any real and/or personal property owned by the owner or operator of said salvage yard.
(Ord. 02-002. Passed 3-4-02.)