§ 15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles.
A. The governing bodies of the Counties of Arlington, Fairfax, Henrico,Loudoun and Prince William; any town located, wholly or partly, in suchcounties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton,Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth,Roanoke and Suffolk may by ordinance prohibit any person from keeping, exceptwithin a fully enclosed building or structure or otherwise shielded orscreened from view, on any property zoned or used for residential purposes,or on any property zoned for commercial or agricultural purposes, any motorvehicle, trailer or semitrailer, as such are defined in § 46.2-100, which isinoperable.
The locality in addition may by ordinance limit the number of inoperablemotor vehicles which any person may keep outside of a fully enclosed buildingor structure.
As used in this section, notwithstanding any other provision of law, generalor special, "shielded or screened from view" means not visible by someonestanding at ground level from outside of the property on which the subjectvehicle is located.
As used in this section, an "inoperable motor vehicle" means any motorvehicle, trailer or semitrailer which is not in operating condition; or doesnot display valid license plates; or does not display an inspection decalthat is valid or does display an inspection decal that has been expired formore than 60 days. The provisions of this section shall not apply to alicensed business which is regularly engaged in business as an automobiledealer, salvage dealer or scrap processor.
B. The locality may, by ordinance, further provide that the owners ofproperty zoned or used for residential purposes, or zoned for commercial oragricultural purposes, shall, at such time or times as the governing body mayprescribe, remove therefrom any inoperable motor vehicle that is not keptwithin a fully enclosed building or structure. The locality may remove theinoperable motor vehicle, whenever the owner of the premises, afterreasonable notice, has failed to do so. Notwithstanding the other provisionsof this subsection, if the owner of such vehicle can demonstrate that he isactively restoring or repairing the vehicle, and if it is shielded orscreened from view, the vehicle and one additional inoperative motor vehiclethat is shielded or screened from view and being used for the restoration orrepair may remain on the property.
In the event the locality removes the inoperable motor vehicle, after havinggiven such reasonable notice, it may dispose of the vehicle after givingadditional notice to the owner of the premises. The cost of the removal anddisposal may be charged to either the owner of the inoperable vehicle or theowner of the premises and the cost may be collected by the locality as taxesare collected. Every cost authorized by this section with which the owner ofthe premises has been assessed shall constitute a lien against the propertyfrom which the inoperable vehicle was removed, the lien to continue untilactual payment of the cost has been made to the locality.
(1991, c. 673, § 15.1-11.03; 1992, c. 490; 1995, c. 58; 1997, cc. 587, 741;1999, c. 901; 2004, cc. 508, 934; 2005, c. 775.)
§ 15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles.
A. The governing bodies of the Counties of Arlington, Fairfax, Henrico,Loudoun and Prince William; any town located, wholly or partly, in suchcounties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton,Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth,Roanoke and Suffolk may by ordinance prohibit any person from keeping, exceptwithin a fully enclosed building or structure or otherwise shielded orscreened from view, on any property zoned or used for residential purposes,or on any property zoned for commercial or agricultural purposes, any motorvehicle, trailer or semitrailer, as such are defined in § 46.2-100, which isinoperable.
The locality in addition may by ordinance limit the number of inoperablemotor vehicles which any person may keep outside of a fully enclosed buildingor structure.
As used in this section, notwithstanding any other provision of law, generalor special, "shielded or screened from view" means not visible by someonestanding at ground level from outside of the property on which the subjectvehicle is located.
As used in this section, an "inoperable motor vehicle" means any motorvehicle, trailer or semitrailer which is not in operating condition; or doesnot display valid license plates; or does not display an inspection decalthat is valid or does display an inspection decal that has been expired formore than 60 days. The provisions of this section shall not apply to alicensed business which is regularly engaged in business as an automobiledealer, salvage dealer or scrap processor.
B. The locality may, by ordinance, further provide that the owners ofproperty zoned or used for residential purposes, or zoned for commercial oragricultural purposes, shall, at such time or times as the governing body mayprescribe, remove therefrom any inoperable motor vehicle that is not keptwithin a fully enclosed building or structure. The locality may remove theinoperable motor vehicle, whenever the owner of the premises, afterreasonable notice, has failed to do so. Notwithstanding the other provisionsof this subsection, if the owner of such vehicle can demonstrate that he isactively restoring or repairing the vehicle, and if it is shielded orscreened from view, the vehicle and one additional inoperative motor vehiclethat is shielded or screened from view and being used for the restoration orrepair may remain on the property.
In the event the locality removes the inoperable motor vehicle, after havinggiven such reasonable notice, it may dispose of the vehicle after givingadditional notice to the owner of the premises. The cost of the removal anddisposal may be charged to either the owner of the inoperable vehicle or theowner of the premises and the cost may be collected by the locality as taxesare collected. Every cost authorized by this section with which the owner ofthe premises has been assessed shall constitute a lien against the propertyfrom which the inoperable vehicle was removed, the lien to continue untilactual payment of the cost has been made to the locality.
(1991, c. 673, § 15.1-11.03; 1992, c. 490; 1995, c. 58; 1997, cc. 587, 741;1999, c. 901; 2004, cc. 508, 934; 2005, c. 775.)
§ 15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles.
A. The governing bodies of the Counties of Arlington, Fairfax, Henrico,Loudoun and Prince William; any town located, wholly or partly, in suchcounties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton,Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth,Roanoke and Suffolk may by ordinance prohibit any person from keeping, exceptwithin a fully enclosed building or structure or otherwise shielded orscreened from view, on any property zoned or used for residential purposes,or on any property zoned for commercial or agricultural purposes, any motorvehicle, trailer or semitrailer, as such are defined in § 46.2-100, which isinoperable.
The locality in addition may by ordinance limit the number of inoperablemotor vehicles which any person may keep outside of a fully enclosed buildingor structure.
As used in this section, notwithstanding any other provision of law, generalor special, "shielded or screened from view" means not visible by someonestanding at ground level from outside of the property on which the subjectvehicle is located.
As used in this section, an "inoperable motor vehicle" means any motorvehicle, trailer or semitrailer which is not in operating condition; or doesnot display valid license plates; or does not display an inspection decalthat is valid or does display an inspection decal that has been expired formore than 60 days. The provisions of this section shall not apply to alicensed business which is regularly engaged in business as an automobiledealer, salvage dealer or scrap processor.
B. The locality may, by ordinance, further provide that the owners ofproperty zoned or used for residential purposes, or zoned for commercial oragricultural purposes, shall, at such time or times as the governing body mayprescribe, remove therefrom any inoperable motor vehicle that is not keptwithin a fully enclosed building or structure. The locality may remove theinoperable motor vehicle, whenever the owner of the premises, afterreasonable notice, has failed to do so. Notwithstanding the other provisionsof this subsection, if the owner of such vehicle can demonstrate that he isactively restoring or repairing the vehicle, and if it is shielded orscreened from view, the vehicle and one additional inoperative motor vehiclethat is shielded or screened from view and being used for the restoration orrepair may remain on the property.
In the event the locality removes the inoperable motor vehicle, after havinggiven such reasonable notice, it may dispose of the vehicle after givingadditional notice to the owner of the premises. The cost of the removal anddisposal may be charged to either the owner of the inoperable vehicle or theowner of the premises and the cost may be collected by the locality as taxesare collected. Every cost authorized by this section with which the owner ofthe premises has been assessed shall constitute a lien against the propertyfrom which the inoperable vehicle was removed, the lien to continue untilactual payment of the cost has been made to the locality.
(1991, c. 673, § 15.1-11.03; 1992, c. 490; 1995, c. 58; 1997, cc. 587, 741;1999, c. 901; 2004, cc. 508, 934; 2005, c. 775.)
