16-3.01 Definitions

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

            a- “Abandoned vehicle” means any motor vehicle to which the last registered owner of record thereof has relinquished all further dominion and control.  Any vehicle which is wrecked or partially dismantled or inoperative for a period of thirty days shall constitute a prima facie presumption that the last registered owner thereof has abandoned such vehicle, regardless of whether the physical possession of such vehicle remains in the technical custody or control of  such owner.

            b- “Property” means any real property within the Town which is not a street, highway, or alley.

            c- “Vehicle” means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides, and transport persons or property or pull machinery and shall include, without limitation automobile, truck, trailer,  motorcycle, tractor, buggy and wagon.

 

16-3.02 Storing on Private Property

The accumulation and storage of wrecked, junked, abandoned or partially dismantled or inoperative vehicles, or parts thereof, on private property located within the Town, except as expressly permitted in this article, does constitute a public nuisance, as well as fire, health and sanitation hazards, which may be abated as such.

 

16-3.03 On Private Property in Excess of Thirty Days Prohibited; Exception

No person shall park, store or leave or permit the parking, storing or leaving of any motor vehicle which is in a rusted, wrecked, junked, partially dismantled, inoperative or abandoned condition upon any private property within the Town for a period in excess of thirty days unless such vehicle is completely enclosed within a building or unless such vehicle is so stored or parked on private property in connection with a duly licensed business or commercial enterprise operated and conducted pursuant to law when such parking or storing of vehicles is necessary to the operation of the business or commercial enterprise. 

 

16-3.04 Notice Requiring Removal

Whenever it appears that a violation of the provisions of this article exists, the Chief of Police or Mayor shall give, or cause to be given, written notice to the registered owner of any motor vehicle which is in violation of this article, and shall give such notice to the owner or person in lawful possession or control of the private property upon which such vehicle is located, advising that the vehicle violates the provisions of this article and redirecting that the vehicle be moved to a place of lawful storage within ten days or that within ten days the vehicle be housed within a building.  Such notice may be served upon the registered owner of the vehicle in person or by mail, addressed to the owner at the last known address of record of the Department of Motor Vehicles.  The notice shall be served by mail, addressed to the owner and resident or lessee of such property according to the last Town records and a copy of such notice shall be conspicuously posted upon the premises.

 

16-3.05 Jurisdiction to Hear Cases

The Municipal Court shall have jurisdiction to hear and determine all cases brought under this article.

 

16-3.09 Penalty

            a- Whoever violates Article 16-2.03 shall be fined not more than five hundred dollars ($500.00)

            b- For whoever is in violation of Article 16-2, the West Union Police Department will have the authority to go onto the private property in question and remove said vehicles at the cost of the owner.  This will only be done after the notices are sent and fines are assessed.