(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the vehicle to remain on the property after it has been ordered removed.
(B) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to fail to comply with the locational or concealment requirements of this chapter.
(C) Subject to the provisions of division (D) below, upon investigation, the Code Enforcement Officer may order the removal of a junked motor vehicle as defined in this chapter after finding, in writing, that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of area residents.
(D) Permitted concealment or enclosure.
(1) One junked motor vehicle, in its entirety, can be located in the rear yard (as defined by the town’s zoning ordinance) of any property being lawfully used for one- or two-family residential purposes, if the vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The covering shall be kept in good repair and shall not be allowed to deteriorate. The Code Enforcement Officer is authorized to determine whether any junked motor vehicle is adequately concealed by an acceptable covering as required by this provision.
(2) Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles(s) cannot be seen from a public street or abutting property. A GARAGE OR BUILDING STRUCTURE means either a lawful, nonconforming use or garage or building structure erected pursuant to the lawful issuance of a building permit, and which has been constructed in accordance with all zoning and building code regulations.
(Ord. passed 1-9-2024)