(A) No person shall abandon any motor vehicle, automobile or any part or parts thereof upon the land of another or upon any public highway, street or alleyway in the city.
ABANDONMENT or ABANDONED means physically depositing a motor vehicle, automobile or any part or parts of a motor vehicle or automobile, upon land in which the person so depositing has no right, title or interest and without the knowledge or consent of another who has such right, title or interest. ABANDON-MENT or ABANDONED also means and includes any separate act of leaving unattended any part or parts and residue of any motor vehicle or automobile resulting from the dismantling or dismemberment of any motor vehicle, automobile or elements thereof, on land of another as aforesaid or upon any public highway, street or alleyway in the city, whether or not such person dismantling or dismembering placed the motor vehicle, automobile or any part or parts thereof upon such land or upon any public highway, street or alleyway in the city.
(B) Each owner of land, and each person or legal entity possessed of the lawful right to control land, shall have the duty to keep any such land free and clear of any wrecked, dilapidated motor vehicle or automobile or part or parts thereof when such motor vehicle, automobile or part or parts thereof are physically accessible to minors under the age of 13 years or where such motor vehicle, automobile or part or parts thereof are in a condition, or combined with other conditions present so as to constitute a health, safety or moral hazard or nuisance to the public. A
DILAPIDATED AUTOMOBILE is understood to be an automobile which cannot be driven without repair to such automobile or to its tires.
(C) The Building Inspector or Housing Inspector of the city is empowered and directed to abate all nuisances resulting from violations of this section. The Inspector shall have all needed assistance of all departments of the city and the Police Department in the performance of his duties. Before acting to abate any such nuisance, the Inspector shall first make demand upon and contemporaneously give notice of the existence of such nuisance to the land owner or such person, persons or other entity having right to control such land, as he may reasonably be able to determine requiring that such nuisance be abated within three days after receipt of such demand. The Inspector is additionally empowered and required where a nuisance constitutes an immediate grave threat to human safety, to take such action as is necessary to protect the public before the land owner or any other with the right to control can be notified. The Inspector or his designee is hereby given the right to enter upon private land under reasonable circumstances both to inspect suspected nuisances and for the abating thereof; further, the land owner or other with the right to control shall have the duty to permit a reasonable exercise of the Inspector's rights and duties.
(D) The Inspector shall make an assessment against the owner of any private land, when he is required under the terms of this section to abate a nuisance, for the expense incurred to the city relative to the abatement. If an assessment or any part thereof remains unpaid for 30 days after demand the Inspector shall issue and certify a special bill for collection according to law against the property for such expense.
('71 Code, § 545.02) (Ord. 555, passed 4-24-79; Am. Ord. 730, passed 4-9-84; Am. Ord. 886, passed 12-12-88) Penalty, see § 545.99
Statutory reference:
Junk and abandoned vehicles, see W. V. Code Article 17-24