Chapter II – Property Maintenance

[Adopted 5-12-1989 (Ch. 158, Art. I, of the 1993 Code)]

Division 1 – Abandoned and Inoperable Vehicles

§ 9.2-1 Purpose.

The purpose of this article is to prevent the accumulation of inoperable and/or abandoned motor vehicles or parts thereof in unapproved and inappropriate locations in Appomattox County, Virginia, inasmuch as the same constitute an unsightly, obnoxious and unsanitary condition within said County. The presence of such motor vehicles increases the danger of certain communicable diseases by providing a breeding place for rats, mice and other known disease carriers and constitutes a condition detrimental to the mental and economic well-being of the citizens of said County. It is therefore deemed imperative for the preservation of health, safety, peace and the general public welfare requiring it that adequate regulations concerning abandoned or inoperable motor vehicles be adopted requiring property owners, tenants, occupants or lessees to remove the same from their premises.

§ 9.2-2 Applicability.

These regulations shall apply throughout Appomattox County, Virginia.

§ 9.2-3 Title.

This article shall be known and cited by its short title, “Abandoned Auto Ordinance.”

§ 9.2-4 Word usage; definitions.

A. For the purpose of this article, certain words and terms are defined as follows. Except where the construction of this article clearly indicates otherwise, words used in the present tense include the future, words in the singular include the plural, and the plural includes the singular; the word “shall” is mandatory and not directory.

B. As used in this article, the following terms shall have the meanings indicated:

ABANDONED OR INOPERABLE AUTOMOBILE

Any motor vehicle having any major component missing, such as engine, transmission, wheels, steering mechanism or others which are necessary for the safe and normal operation of such vehicle, and which is exposed to the weather and unlicensed by the Virginia Division of Motor Vehicles at the time of any violation of this article. Vehicles may be covered by a tarpaulin or other suitable automobile cover (plastic wrapping or bagging material is not suitable).

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind, whether that person is the owner, tenant, lessee or occupant of private property.

PRIVATE PROPERTY

Any lot or area which is subdivided or under one ownership. Any person shall be deemed in violation of this article if such conditions as are hereinafter provided exist on any one lot or area, irrespective of whether or not such person owns or controls areas or lots contiguous or adjacent to the lot or area alleged to be in violation of this article.

§ 9.2-5 Storage or accumulation prohibited; visibility.

Except where permitted by provisions of Chapter 19.6, Zoning, of the Appomattox County Code, no person shall permit, place or have or aid in permitting, placing or having one or more inoperable or abandoned automobiles upon private property. Subject vehicles shall not be visible from any public roads or public property or any residence.

§ 9.2-6 Right of entry.

The Sheriff, Appomattox County, Virginia, or any Deputy Sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into private residences is prohibited.

§ 9.2-7 Violations and penalties.

Failure to comply with any provision of this article shall constitute a Class 1 misdemeanor. Each and every week that a violation continues shall be deemed a separate offense.

Division II – Storage of Vehicles

[Adopted 5-12-1989 (Ch. 158, Art. II, of the 1993 Code)]

§ 9.2-8 Statutory authority.

This article is enacted pursuant to authority contained in § 15.2-973, Code of Virginia, as amended.

§ 9.2-9 Definitions.

The following words and phrases, when used in this article, shall have the meanings hereinafter respectively ascribed to them:

AUTOMOBILE GRAVEYARD

Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found and which is licensed for operation by the County of Appomattox.

MOTOR VEHICLE

Every vehicle which is self-propelled or designed for self-propulsion.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

§ 9.2-10 Imposition of license tax.

There is hereby imposed a license tax of $100 per year upon the owner or owners of each motor vehicle located within Appomattox County which is visible from any public road, public property or residence, which said motor vehicle does not display current license plates and which is not otherwise exempted hereby.

§ 9.2-11 Exceptions.

This tax shall not apply to the following:

A. Motor vehicles which are exempted from the requirements of displaying such license plates under the provisions of §§ 46.2-650 through 46.2-750, inclusive, Code of Virginia, as amended. [Amended 7-12-1993]

B. Motor vehicles which are in a public landfill.

C. Motor vehicles which are in an automobile graveyard.

D. Motor vehicles which are in the possession of a licensed junk dealer or licensed motor vehicle dealer, provided that the vehicles are located on the same premises as the dealership is licensed for. If located on adjacent or other property, the tax shall apply.

E. Motor vehicles which are being held or stored by or at the discretion of any governmental authority.

F. Motor vehicles which are owned by a member of the armed forces on active duty.

G. Motor vehicles which are regularly stored within a structure or covered by a tarpaulin or other suitable automobile cover. (Plastic wrapping or bagging material is not suitable.)

H. School buses being used for storage of perishable commodities or products.

I. Motor vehicles which are out of sight of a public road or other public property or any residence.

J. Any vehicles which are stored on private property for a period not in excess of 60 days, for the purpose of removing parts for the repair of another vehicle.

§ 9.2-12 Term of license year.

For the purpose of this article, the first license year shall extend from the first day of April 1989 through the 31st day of March 1990. Thereafter, the license year shall begin with the first day of April and extend through the 31st day of March of each next succeeding year.

§ 9.2-13 Payment dates.

For the first license year, the license tax hereunder shall be paid not later than the 15th day of May of the tax year, but the same may be paid on or after the 15th day of April preceding said license year. For each succeeding license year, the license tax hereunder shall be paid not later the 31st day of March of the tax year, but the same may be paid on or after the first day of March preceding said license year.

§ 9.2-14 Issuance and display of decal.

Said license tax shall be paid to the Treasurer of Appomattox County, whereupon said Treasurer shall issue to such motor vehicle owner an appropriate license decal or other insignia which shall show thereon the word “Appomattox,” an indication of the year for which it was issued, the number of the license and the words “Unlicensed Vehicle,” which said license decal the owner shall display in a prominent place on said motor vehicle for which it was purchased, which said display shall be clearly visible from outside the motor vehicle.

§ 9.2-15 Disposition of revenue.

The revenue derived from the tax levied hereunder shall be paid into the general fund of Appomattox County.

§ 9.2-16 Violations and penalties.

[Amended 7-12-1993]

Any person, firm or corporation failing or refusing to pay the license tax herein provided for or failing to display the license decal herein provided for shall be deemed guilty of a Class 1 misdemeanor.

§ 9.2-17 Right of entry.

The Sheriff, Appomattox County, Virginia, or any Deputy Sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into structures is prohibited.