Those parking in certain residential lots across Fairfax County with expired registration decals or inspection stickers now have a grace period before facing the possibility of a tow.
Fairfax County supervisors moved on Tuesday (Oct. 22) to bring the county code into compliance with a new state law that requires towing operators to give vehicle owners written notice before any towing action. The vote by supervisors was unanimous and came after a public hearing that didn’t draw any community or board comment.
Effective immediately, towing operators across Fairfax County will need to post a written notice to the affected resident and their landlord at least 48 hours before removing vehicles with expired documentation in parking lots for multi-family residential properties, including those serving apartments, condominiums or townhouses.
The notification period is designed to give people time to rectify the situation before facing towing.
“The proposed amendments … provide a balanced approach by still allowing landlords to contract with towing operators for the provision of parking enforcement, while also requiring certain posted notices for residents of a multifamily dwelling unit,” county staff said in a summary for the board.
Patroned by Del. Irene Shin (D-8), who represents the Herndon area down to Route 50, the measure earlier this year passed narrowly in the House of Delegates but nearly unanimously in the state Senate. It was signed into law by Gov. Glenn Younkin on April 2 and went into effect July 1, although it is taking localities some time to update their ordinances to reflect the new language.
Despite that lag, many towing companies across Fairfax County started operating under the new regulations even before they were enacted, a county staff member told the Board of Supervisors.
Towing operators that fail to provide the required 48-hour written notification or otherwise don’t abide by the new rules are subject to a civil penalty of $100 and will have to pay costs to the individual whose vehicle was towed.
The state law and Fairfax ordinance provide limited exemptions from the new requirements, including for properties created under the state’s Property Owners’ Association Act, Virginia Condominium Act, Horizontal Property Act and Virginia Real Estate Cooperative Act.
The regulations handed down from Richmond also only apply to vehicles of residents of the affected properties; vehicles belonging to visitors potentially could be towed immediately.
