Section
80.01 Administration
80.02 Definitions
80.03 Abandoned vehicle unlawful; removal authorized
80.04 Nuisance vehicle unlawful; removal authorized
80.05 Junked motor vehicle regulated; removal authorized
80.06 Removal of abandoned, nuisance or junked motor vehicles; pre- towing notice requirements
80.07 Exception to prior notice requirement
80.08 Removal of vehicles; post- towing notice requirements
80.09 Right to probable cause hearing before sale or final disposition of vehicle
80.10 Redemption of vehicle during proceedings
80.11 Sale and disposition of unclaimed vehicles
80.12 Conditions on removal of vehicles from private property
80.13 Protection against criminal or civil liablity
80.14 Exceptions
80.15 Unlawful removal of impounded vehicle
The City Manager or designee(s) shall be responsible for the administration and enforcement of this chapter. The City Manager or designee(s) shall be responsible for administering the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the city, on property owned by the city, and on private property. The city may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of the City Manager or designee(s) in enforcing other laws or in otherwise carrying out their duties.
(Ord. 94-35, passed 12-5-94; Am. Ord. 16-35, passed 9-19-16)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED VEHICLE." As authorized and defined in G.S. § 160A-303, a motor vehicle that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left on a public street or highway for longer than seven days;
(3) Is left on property owned or operated by the city for longer than 24 hours; or
(4) Is left on private property without the consent of the owner, occupant or lessee thereof, for longer than two hours.
"AUTHORIZING OFFICIAL." The City Manager or designee(s) designated to authorize the removal of vehicles under the provisions of this chapter.
"JUNKED MOTOR VEHICLE." As authorized and defined in G.S. § 160A-303.2, a vehicle that does not lawfully display a current license plate, and that:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(3) Is more than five years old and appears to be worth less than $500.
"MOTOR VEHICLE" or "VEHICLE." All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
"NUISANCE VEHICLE." A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over 14 inches in height;
(3) A point of collection of pools or ponds of water;
(4) A point of concentration of quantities of gasoline, oil, or other flammable or explosive materials as evidenced by odor;
(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, and the like;
(6) So situated or located that there is danger of it falling or turning over;
(7) One which is a point of collection of garbage, food waste, animal waste, or other rotten or putrescible matter of any kind;
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the City Council.
(Ord. 94-35, passed 12-5-94; Am. Ord. 02-47, passed 11-4-02; Am. Ord. 16-35, passed 9-19-16)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein.
(B) Upon investigation, proper authorizing officials of the city may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(C) A violation of this section is punishable as a misdemeanor.
(Ord. 94-35, passed 12-5-94; Am. Ord. 16-35, passed 9-19-16; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
(A) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located, to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle.
(B) Upon investigation, the City Manager or designee(s) may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
(C) A violation of this section is punishable as a misdemeanor.
(Ord. 94-35, passed 12-5-94; Am. Ord. 16-35, passed 9-19-16; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
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