For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
(a) "City" means the City of Spencer, West Virginia.
(b) "Police officer" means any individual employed by the City as a member of the Police Department.
(c) "Motor vehicle" means any vehicle which is self-propelled and designed to travel along the ground and includes, but is not limited to, automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, campers and trailers.
(d) "Junked motor vehicle" means any motor vehicle that:
(1) Does not have lawfully affixed thereto both an unexpired license plate and a current motor vehicle safety inspection certificate; or
(2) Appears to be wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
(e) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(f) "Private property" means any real property within the City which is privately owned and which is not public property as defined in this section.
(g) "Public property" means any street, highway, alley, or other public right-of-way, which includes the entire width between the boundary lines of every way publicly maintained for the purpose of vehicular travel, and also means any other publicly owned property or facility.
(h) "Responsible parties" means:
(1) The owner of the junked motor vehicle if discernable from the records of the West Virginia Department of Motor Vehicles; or
(2) If no owner of the junked motor vehicle is discernable, upon any occupant of the real estate where the nuisance exists; or
(3) Upon the owner of the land notifying them of the existence of the nuisance and requesting its removal within ten days from and after receipt of such notice.
(Passed 1-2-03.)