The Habersham County Commission approved the first reading of a Derelict Vehicle Ordinance during Monday’s commission meeting.
Planning and Development Director Mike Beecham presented the new ordinance to the commission. The ordinance that was proposed would prohibit junked or derelict vehicles on public and private property.
Beecham explained that his department, along with working with code enforcement, had drafted the new ordinance to address derelict vehicles. He added that the comprehensive land development ordinance (CLDO) only had a “blurb” addressing the issue and was bland. However, during one of the amendments to the CLDO, the portion that addressed junk vehicles on private property was inadvertently deleted.
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Overview
He gave the commission an overview of what the ordinance defined as a derelict vehicle. “Essentially, it defines a derelict vehicle as any unregistered, junked, dismantled, inoperative, or abandoned vehicle which is on private property for more than 30 days except those within a building is prohibited,” Beecham explained to the commission.
Click here to read the new Derelict Vehicle Ordinance in its entirety.
The ordinance will also prohibit storing any vehicle on public property, primarily the county’s right-of-ways.
Beecham also explained the process the county would proceed with enforcing the ordinance. “The property owner containing a derelict vehicle will be cited to remove it and if not removed in 14 days, the owner shall appear in Magistrate Court,” Depending what the judge determines during the hearing, he assumes that the owner will be given time to remove the vehicle.
However, once that determination is made, if the vehicle is not removed, the ordinance provides for the county to remove the vehicle at the county’s expense and a lien could be placed on the property for that expense.
The reason
The ordinance was brought forward due to the number of derelict vehicles around the county that have become a nuisance to neighboring properties.
He added that the ordinance is not intended to affect those properties that have old vehicles in their yard that are considered “yard art”.
Beecham told the commission that staff recommended the ordinance and it will only affect individual junk vehicles and not junk yards. Junk yards are licensed through the county and have to follow a different ordinance.
After the presentation, the commission opened a public hearing to receive public input on the ordinance. No citizens came forward to speak in favor or opposition of the ordinance.
After closing the public hearing, the commission approved the first reading of the derelict vehicle ordinance unanimously.
The second reading of the derelict vehicle ordinance is scheduled to be heard during the April 21 commission meeting. Prior to the second reading, staff and commissioners can make changes to the ordinance. After the second reading, the commission can take action on the ordinance.
Summary
Documents provided to the commission summarized the ordinance as follows:
- The proposed ordinance defines and prohibits any derelict vehicle in Habersham County. Derelict vehicles are defined as any unregistered, junked, dismantled, inoperative, or abandoned vehicle.
- The ordinance will prohibit any derelict vehicle on private property for more than 30 days except those within a building or those at a legal automobile repair or salvage facility.
- The ordinance also prohibits the storing of derelict vehicles on public property, such as roads, for longer than three days as required by state law.
- The property owner containing a derelict vehicle shall be cited to remove the vehicle. If not removed within 14 days, the owner shall appear in Magistrate Court. If not removed within ten working days of adjudication, the County will be authorized to remove the derelict vehicle and charged to the property owner. A lien may be placed on the property if not paid.
- The ordinance also prohibits the storing of derelict vehicles on public property, such as roads, for longer than three days as required by state law.
- Once removed from public property, the County must appraise the vehicle within ten days. If valued at $500 or less, the County may dispose of the vehicle. If valued at more than $500, the County may hold a public sale.
Definitions
A copy of the ordinance was also provided to the commission. The definition of a derelict vehicle is any vehicle that either does not have lawfully affixed on it an unexpired license plate or tax stamp, or which vehicle is wrecked, junked, dismantled, partially dismantled, inoperative, abandoned, or discarded.
The ordinance also defines a vehicle as any means of conveyance, whether self-propelled or not, that is designed to travel on the ground or on water or in the air, including, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, recreational vehicles, boats, airplanes, train cars and any means of conveyance which are designed to be pulled by motorized vehicles upon the roadway such as boat trailers, wagons, balers, motorcycle trailers, auto transport trailers, and any other trailer designed to haul specific items attached to motor vehicles on the roadway.
