Ordinance 119
Abandoned and Junked Motor Vehicles
State of West Virginia
Town of Franklin
I. Title and Purpose
The title of this Ordinance is the Town of Franklin Abandoned and Junked Motor Vehicles Ordinance. The purpose of this Ordinance is for the Town of Franklin to regulate the storing of certain abandoned and junked motor vehicles within the Town of Franklin. The Town of Franklin recognizes that abandoned and junked motor vehicles constitute a public nuisance, create hazards to residents, are dangerous, and tend to reduce the value of private property. Such abandoned and junked motor vehicles constitute an unattractive nuisance creating a hazard to the health and safety of minors. It is in the public interest and welfare to provide for a method of eliminating unsightly abandoned and junked motor vehicles within the Town of Franklin.
II. Authority
The Town of Franklin has the specific authority under W. Va. Code § 8-11-1 et. seq. to adopt and enforce this Ordinance.
III. Definitions
a. Abandoned motor vehicle means any motor vehicle or major part which is inoperative and which has been abandoned on public or private property for any period of time over ten days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle or major part which has remained illegally on public or private property for any period of time over ten days; or any motor vehicle or major part which has remained on private property without consent of the owner or person in control of the property for any period of time over three days; or any motor vehicle or major part which is unattended, discarded, deserted and unlicensed and is not in an enclosed building or a licensed salvage yard or in the actual possession of a demolisher. Provided, That a motor vehicle, or major part thereof, is not an abandoned motor vehicle if: (a) The owner of the motor vehicle is storing the motor vehicle on the owner’s property; (b) the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; (c) the owner owns other motor vehicles similar to the motor vehicle being stored; and (d) the owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
b. Demolisher means any person licensed by the commissioner of the department of highways whose business, to any extent or degree, is to convert a motor vehicle into processed scrap or scrap metal, or into saleable parts, or otherwise to wreck or dismantle vehicles or appliances.
c. Enclosed building means a structure surrounded by walls or one continuous wall, and having a roof enclosing the entire structure, including a permanent appendage.
d. Junked motor vehicle means a motor vehicle, or any part of a motor vehicle, other than an on-premises farm utility vehicle, which:
i. is discarded, wrecked, ruined, scrapped or dismantled;
ii. cannot pass the state inspection required by W. Va. Code § 17C-16-1 et. seq.; or
iii. is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
Provided, That a motor vehicle, or major part thereof, is not a junked motor vehicle if: (a) The owner of the motor vehicle is storing the motor vehicle on the owner’s property; (b) the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; (c) the owner owns other motor vehicles similar to the motor vehicle being stored; and (d) the owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
e. Motor vehicle means a vehicle which is or was self-propelled, including but not limited to automobiles, trucks, buses and motorcycles.
IV. Abandonment of
Vehicles
No person shall abandon a motor vehicle upon the right-of-way of any public highway, upon any other public property, or upon any private property which he or she does not own, lease, rent or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher.
V. Junked Vehicle
Prohibited
No person shall place or deposit any junked motor vehicle upon the right-of-way of any public highway or upon any other public property; nor shall any person within the Town of Franklin place or deposit any junked motor vehicle upon any private property which he does not own, lease, rent or otherwise control unless it is at a licensed salvage yard or at the business establishment of a demolisher.
No person in charge or control of any property within the Town of Franklin, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than fifteen days; and no person shall leave any such vehicle on any property within the Town of Franklin for a longer time than fifteen days; except that this subsection shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town of Franklin.
VI. Notice to Remove
The Town of Franklin, including its Mayor, manager, or other representative, is hereby authorized, empowered and directed to notify in writing the owner or the agent of the owner, of any junked or abandoned motor vehicle within the Town of Franklin, to remove and dispense with the same to avoid violating this Ordinance. Such notice shall clearly identify the junked or abandoned motor vehicle, along with its location, state the time within which such action shall be completed, and the courses of action available to the Town of Franklin to see that the junked or abandoned motor vehicle is removed and dispensed with accordingly. Any such notice shall be given or served upon any such offending person in the following manner:
a. By any of the methods prescribed for the service of process as provided in Rule 4 of the West Virginia Rules of Civil Procedure,
b. By posting a copy of such notice in a conspicuous place on the lot, land, or property upon which such junked or abandoned vehicle is located,
c. By publication of such notice once a week for two successive weeks in a newspaper published in and of general circulation within the Town of Franklin, or
d. By mailing a copy of such notice addressed to such person at his or her last known address.
No error in the name of the property owner or the description of the motor vehicle shall affect the validity of any such notice; provided, that from the description of such motor vehicle the identity thereof may be established with reasonable certainty.
Upon the failure, neglect or refusal of any person so notified to remove and dispense with a junked or abandoned motor vehicle, within ten days after receipt of the notice provided above, Town of Franklin, including its Mayor, manager, or other representative, is hereby authorized to contract for the removal of the same to the lowest responsible bidder, or to remove the same using Town of Franklin resources, in which latter instance an accurate and exact cost of the work shall be maintained.
The cost of the contract for remove, or the cost of removal by Town of Franklin resources shall be a debt due the Town of Franklin and collectable in any court of competent jurisdiction in Pendleton County, West Virginia.
VII. Injunctive Relief
The Town of Franklin, or its attorney or authorized agent, may apply to the Circuit Court of Pendleton County for an injunction to restrain, prevent or abate the maintenance and storage of abandoned motor vehicles or junked motor vehicles, which are in violation of any provision of this Ordinance.
The above ordinance will come before the Town Council of the Municipality of Franklin on February 14, 2017 at 6:00pm at the Town Hall for a final vote. Copies of the Ordinance can be requested at the Town Office Monday-Friday 8:00am-4:30pm. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 1c