James Coffey, chairman of the Watauga County Board of Commissioners, opened the discussion on the draft junked and abandoned cars and the automobile junkyard ordinances during Monday mornings meeting. No one wanted to spend much time discussing the ordinances and Coffey laughed and suggested that, with almost two years of meetings, hearings, drafts and work sessions, the commissioners might be talked out on this issue. Commissioner David Blust said that he wanted it made clear that this board of commissioners was not creating anything new in the ordinances to address junk cars, abandoned cars, junkyards and automobile graveyards. “These ordinances have been in effect since 1987,” Blust said, “We have just cleaned up the definitions and made them fairer.” With little discussion, the commissioners passed the ordinances four to one; Commissioner Keith Honeycutt voted no. Jimmy Hodges, vice-chairman of the board, said that he would vote for the ordinances, but still objected to the enforcement procedures and the fact that a landowner could keep up to five junked cars on his or her property. “Five cars is too many,” Hodges said. Contacted after the meeting, Honeycutt said that it was his concern that the junked car ordinance could hurt small businessmen out in the county that did automobile rebuild and repair work using junked vehicles for parts. Honeycutt said that he had previously stated that he would vote against the ordinance if it hurt people in the county and their ability to make a living. He felt that this ordinance would hurt a number of small mechanics and voted accordingly. The commissioners directed that the junked and abandoned car and junkyard ordinances would go into effect on July 1, 2004. The six month delay was put in place to allow publication of the ordinance and to allow voluntary compliance. The full ordinances will be posted on the county’s web site. The Ordinances In Brief: • Enforcement responsibility will be supervised by the Office of the County Manager and administered by the Planning and Inspections department. • The purpose of the abandoned and junked vehicle ordinance is to limit and regulate junked and abandoned vehicles on property in the county and to control junkyards and auto graveyards. • The basic definition of a junked or abandoned vehicle is any vehicle not properly registered and licensed and incapable of being used in the manner intended. The definition includes cars, trucks, boats, trailers and busses. • “Abandoned vehicles” include any vehicle left on another's property without permission. • A violation of the ordinance will be investigated based on complaints. The complaint must be in writing and complainants must identify themselves. The complaint form is included in the ordinances. The form also tracks the investigation and handling of the complaint. • Civil penalties for violation are $100 per day. Each day that the violation continues shall be considered a “separate and distinct violation.” • Criminal violations, set by state statute, may be up to $500 per day. • The landowner may also be required to pay for the cost of removal of junked and abandoned vehicle should the county be required to take action. Costs of removal may work as a lien against the land of the offender. • Up to five junked motor vehicles may be kept. The vehicles must be entirely concealed from view from public streets and adjacent property. They may be concealed in a building or under tarps or covers. The tarps and covers must be in good repair. • More than five junked vehicles bring the property under the provisions of the junkyard ordinance. The junkyard ordinance requires additional permitting, screening, buffering and safety considerations. • Any person receiving notice of violation may appeal that notice in writing within 10 business days to the commissioners. Appeals of decisions by the commissioners shall be made to the Watauga County Superior Court. • The commissioners may extend the time period for compliance with the junked and abandoned car ordinance and correction of a violation citation for up to six months for hardships. The applicant must meet two of the four hardship requirements: be at least 65 years old; documented health problems that would affect the persons ability to comply; severe weather that prevents compliance or taxable income below 50 percent of the county’s median income, demonstrated by tax returns. The median income will be determined using annual U.S. Department of Housing and Urban Development figures. • The landowner will be given no more than 10 business days to correct a nuisance violation or seek the hardship extension. |