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
(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B) It shall be unlawful to have more than two junked motor vehicles, as defined in § 80.02, on the premises of public or private property. The permitted junked motor vehicle(s) must strictly comply with the location and concealment requirements of this section.
(C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located, to fail to comply with the locational requirements of this section.
(D) Subject to the provisions of division (E) of this section, upon investigation, the City Manager or designee(s) may order the removal of a junked motor vehicle, as defined in this chapter, after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness, and emotional stability of area residents.
(E) Permitted concealment or enclosure of junked motor vehicles.
(1) (a) Two junked motor vehicles, in their entirety, can be located in the rear yard, as defined by the city's zoning ordinance, if they are entirely concealed from public view from a public street and from abutting premises by an acceptable covering.
(b) The City Manager or designee(s) has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of this chapter.
(2) More than two junked motor vehicles. Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle(s) cannot be seen from a public street or abutting property. A "GARAGE" or "BUILDING STRUCTURE" means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit, and which has been constructed in accordance with all zoning and building code regulations.
(F) 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) Except as set forth in § 80.07 below, an abandoned, nuisance, or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located, can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the city on a specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(B) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle, or in the case of a junked motor vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the City Council in writing, heard at the next regularly scheduled meeting of the City Council. Further proceeding to remove the vehicle shall be stayed until the appeal is heard and decided.
(Ord. 94-35, passed 12-5-94; Am. Ord. 16-35, passed 9-19-16)
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