§ 34-85. Abandoned or nuisance vehicle unlawful; removal authorized.

(a)

It shall be unlawful for the owner of a motor vehicle or for the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared an abandoned or nuisance vehicle. Upon investigation, the code enforcement officer may determine and declare that a vehicle is an abandoned vehicle, or a health or safety hazard, or a public nuisance as defined above and order the vehicle removed.

(b)

Nothing in this section shall be construed to apply to:

(1)

Any vehicle in an enclosed building;

(2)

Any vehicle on the premises of a business enterprise being operated in a lawful manner when the vehicle is necessary to the operation of such business enterprise, provided that requirements of the town zoning provisions regarding outside storage are adhered to; or

(3)

Any vehicle in an appropriate storage space or depository maintained in a lawful place and manner by the town.

(c)

It shall be unlawful to have more than one nuisance vehicle on the premises of public or private property. Single, permitted nuisance vehicles must strictly comply with the location and concealment requirements of this section.

(d)

Permitted concealment or enclosure of nuisance vehicle in residential areas.

(1)

One nuisance vehicle, in its entirety, can be located in the rear yard as defined by the town's zoning provisions if the nuisance vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable vehicle cover designed to protect the vehicle from the elements, a canopy shelter, an enclosed accessory structure, or a combination of the above. A tarpaulin cover may be used only in the event the entire rear yard is obscured from view by a solid privacy fence. One nuisance vehicle, in its entirety, can be located in the attached garage of the residential premises, provided that the garage must be equipped with a door to shield the vehicle from public view from a public street or abutting premises during times the vehicle is not being worked on. Further, any nuisance vehicle located in the rear yard of a residential premises must be located no closer than five feet from any side or rear property line and all parts associated with the vehicle must also be concealed from public view in the same manner as the vehicle.

(2)

The code enforcement officer has the authority to determine whether any nuisance vehicle is adequately concealed as required by this provision. The covering or enclosure must be compatible with the objectives stated within the definition of nuisance vehicle as stated in this section.

(Code 1985, § 91.02; Code 1999, § 34-117; Ord. of 5-19-2003(1), § 1)