(a) Definitions. As used in this section, the following terms shall have the meanings indicated

 

DEPARTMENTThe county department charged by the County Commissioners with the enforcement hereof

Any vehicle which is without a current license plate or plates, or any vessel which is without a valid certificate of number or a valid use sticker and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative, or abandoned condition. A "junk vehicle or vessel" shall be classified in one of two categories

MAJOR ASSEMBLY COMPONENT Body, frame, engine assembly, transmission or rear axle assembly

OPERATING CONDITION In a condition where the vehicle is capable of passing all required tests and inspections imposed by the laws of the State of Maryland for a vehicle to be operated in the State of Maryland or in a condition where the vessel is capable of passing all required tests and inspections imposed by the United States Coast Guard for operation upon the water

OWNER OF RECORD The owner of a parcel of land as reflected on the records of the State Department of Assessments and Taxation for Worcester County

POSSESS To have in one's possession. The owner of record of a parcel of land shall be deemed to be in possession of any junk vehicle or vessel or major assembly component thereof found thereon

REGISTERED OWNER The owner of a junk vehicle as reflected in the records of the Motor Vehicle Administration or the owner of a junk vessel as reflected in the records of the Department of Natural Resources of the State of Maryland or the United States Coast Guard

A vehicle or part thereof that is defined as a vehicle under the Transportation Article of the Annotated Code of Maryland

VESSEL A vessel or part thereof that is defined as a vessel under the Natural Resources Article of the Annotated Code of Maryland

(b) Prohibition. Except as herein set forth, after April 1, 1990, it shall be unlawful to possess any junk vehicle or vessel or major assembly component in Worcester County for more than thirty days in any one calendar year.

(c) Applicability. This section shall not apply in any of the following cases:

(1) In the incorporated areas of Worcester County.

(2) To any junk vehicle or vessel or major assembly component thereof which is located in a properly zoned area in conjunction with a bona fide legally maintained dealership, junkyard or repair facility or on any property pursuant to a duly granted permit under § ZS1-328 of the Zoning and Subdivision Control Article of the Code of Public Local Laws of Worcester County providing for transient uses.

(3) To any junk vehicle or vessel or major assembly component thereof which is maintained within a completely enclosed structure or completely screened from view from any adjacent property or road by a fence or other enclosure.

(4) To the maintaining of not more than two restorable junk vehicles or vessels in the rear yard of any lot located in any zone.

(5) To any junk vehicle or vessel or assembly component thereof for which a permit has been issued by the County Commissioners pursuant to Subsection (i) hereof.

(d) Procedure upon violation. The department shall, upon detection of a violation hereof, proceed as follows:

(1) Twenty days written notice shall be given to the owner of record of the parcel on which the junk vehicle or vessel or major assembly component thereof is located. A copy shall also be sent to the last known registered owner of the junk vehicle or vessel or major assembly component thereof, if known, to license, repair or remove the same, and a copy of such notice shall be posted on the junk vehicle or vessel or major assembly component thereof.

(2) If the terms of this section are not complied with within the twenty-day period as provided, the County Commissioners shall then have the power and authority to take into custody and physically remove the junk vehicle or vessel or major assembly component thereof by towing or otherwise moving it to an open storage area provided by the County Commissioners, where the junk vehicle or vessel or major assembly component thereof shall remain for at least twenty days. Neither the County Commissioners, the towing facilities utilized nor the respective agents of each shall be held liable for any damage or theft that may be incurred to said junk vehicle or vessel or major assembly component thereof during the period of towing or storage.

(3) During the twenty-day period the junk vehicle or vessel or major assembly component thereof shall remain posted, the department shall publish at least one notice in a newspaper of general circulation in Worcester County identifying the junk vehicle or vessel by make, year, model, serial number, color and owner's name (if known), stating the location where stored and stating that the same will be permanently disposed of unless reclaimed by the registered owner within twenty days; and during the twenty-day period, the registered owner shall be entitled to reclaim the junk vehicle or vessel or major assembly component thereof by furnishing the County Commissioners sufficient proof that he is the registered owner and that the junk vehicle or vessel will be licensed or repaired, or both, as the case may require, and by paying to the County Commissioners all towing charges, costs of notice and storage costs, if any.

(4) If the junk vehicle or vessel or major assembly component thereof is not reclaimed within the twenty days, it shall be conclusively presumed to be abandoned by its owner, and the failure of the owner or lien holders to exercise their right to reclaim the junk vehicle or vessel or major assembly component thereof within the time provided shall be deemed a waiver by the registered owner and all lien holders of all right, title and interest in the junk vehicle or vessel or major assembly component thereof and shall constitute consent to the County Commissioners to dispose of the junk vehicle or vessel or major assembly component thereof by public or private sale, giving the same to any person or junkyard or disposing of the same by any other reasonable means.

(e) Costs. In the event that a junk vehicle or vessel or major assembly component thereof is not claimed by the owner thereof and is disposed of in accordance with the provisions hereof, the costs thereof shall be borne by the registered owner and owner of record of the parcel from which the junk vehicle or vessel or major assembly component thereof was removed. The costs shall include all direct costs incurred by the County Commissioners in the removal, towing and disposal of the junk vehicle or vessel or major assembly component thereof, less any amount received by the County Commissioners on account of the junk vehicle or vessel (if any). The costs shall constitute a lien upon the real estate of the owner of record of the parcel from which the junk vehicle or vessel or major assembly component thereof was removed and shall be collectible in the same manner as real estate taxes.

(f) Penalties. Violation of the provisions of this section shall constitute a civil infraction and shall be subject to the provisions of the County Government Article of the Code of Public Local Laws relating to civil infractions.

(g) Right of entry. The Department shall have all rights of entry necessary to effectuate the intent of this section.

(h) Elimination program. The County Commissioners may, by resolution, adopt procedures for the elimination of junk vehicles or vessels or major assembly components thereof in Worcester County which violate the provisions of this section. Such programs adopted may provide for payments for junk vehicles or vessels and payments for the reporting of junk vehicles or vessels or major assembly components thereof.

(i) Permits. The County Commissioners, pursuant to applications upon forms provided by the County Commissioners, may grant permits for possession of junk vehicles or vessels or major assembly components thereof for a period of up to one year. Permits shall be issued only for an owner or occupant of his property to permit his vehicles or vessels for good cause such as sale, repair or restoration and may not be extended or renewed. The cost of the permit shall be set by resolution of the County Commissioners. Only one permit per property shall be issued at any one time. No more than five permits may be issued for any one property in any one calendar year.