§ 12-83. Junked motor vehicles regulated; removal authorized.

(a)

It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.

(b)

It shall be unlawful to have more than one junked motor vehicle on the premises of private property except as provided in subsection (e) of this section. A single, permitted junked motor vehicle must strictly comply with the locational and concealment requirements of this section.

(c)

It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements of this section.

(d)

Subject to the provisions of subsection (e) of this section, upon investigation, the code enforcement officer or other designated employee with concurrence of the town administrator or the planning/zoning coordinator may order the removal of a junked motor vehicle after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:

(1)

Protection of property values;

(2)

Promotion of tourism and other economic development opportunities;

(3)

Indirect protection of public health and safety;

(4)

Preservation of the character and integrity of the community; and

(5)

Promotion of the comfort, happiness and emotional stability of area residents.

(e)

Permitted concealment or enclosure of junked motor vehicles is regulated as follows:

(1)

One junked motor vehicle, in its entirety, can be located in the established rear yard as defined by appendix A to this Code if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The code enforcement officer or other designated official is empowered to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. Acceptable coverings include but are not limited to a commercially manufactured canvas covering specifically made to fit the vehicle or a canvas tarp which is securely fastened around the vehicle.

(2)

If there is more than one junked motor vehicle, any other junked motor vehicles must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles cannot be seen from a public street or abutting property.

(Ord. No. 344, § 5-27, 9-11-1997; Ord. No. 591, 4-8-2010)