Section
90.01 Administration
90.02 Definitions
90.03 Abandoned vehicle unlawful; removal authorized
90.04 Nuisance vehicle unlawful; removal authorized
90.05 Junked motor vehicle regulated; removal authorized
90.06 Removal of abandoned, nuisance or junked motor vehicles; pre- towing notice requirements
90.07 Exceptions to prior notice requirement
90.08 Removal of vehicles; post-towing notice requirements
90.09 Right to probable cause hearing before sale or final disposition of vehicle
90.10 Redemption of vehicle during proceedings
90.11 Sale and disposition of unclaimed vehicle
90.12 Conditions on removal of vehicles from private property
90.13 Protection against criminal or civil liability
90.14 Exceptions
90.15 Unlawful removal of impounded vehicle
90.99 Penalty
(A) The Police Department and the Town Code Enforcement Officer of the town shall be responsible for the administration and enforcement of this chapter.
(B) The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the town, and on property owned by the town.
(C) The Town Code Enforcement Officer shall be responsible for administering the removal and disposition of "abandoned", "nuisance" or "junked motor vehicles" located on private property.
(D) The town 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 ln compliance with this chapter and applicable state laws.
(E) Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the town Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 90-91-16, passed 4-8-91; Am. Ord. 93-94-25, passed 5-9-94; Am. Ord. 02-03-31, passed 3-10-03)
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, an abandoned motor vehicle is one that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking; or
(2) Is left on a public street or highway for longer than seven days; or
(3) Is left on property owned or operated by the town 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.
"AUTHORIZED OFFICIAL." The supervisory employee of the Police Department or the Town Code Enforcement Officer respectively, is designated to authorize the removal of vehicles under the provisions of this chapter.
"AUTO REPAIR PERMIT." A permit granting a period of time to allow the owner of a vehicle to get that vehicle back into normal operating condition or to provide time to otherwise bring the code violation into compliance. With a purchase of a $25 permit, obtained at the Town of Ayden Operations Center, a vehicle owner will have 30 days to repair a vehicle and disqualify it as a junk vehicle as defined in § 90.02. The vehicle will be tagged by the Code Enforcement Department with a 30 day permit sticker. If after the 30 day permit period the vehicle is still defined as a junk vehicle, then the vehicle will be in violation and will be processed by the rules as defined in § 90.05.
"CURRENTLY AWAITING REPAIRS." A period of time during which active effort is expended to place a vehicle back in operation through replacement of parts, repair of operation systems and circuits, fabrication and repair of broken structural members and testing. If parts or materials are not available or not on order, the item is not currently under repair. A vehicle which has remained unrepaired for 30 days is considered unrepairable unless procurement of long lead time replacement parts can be demonstrated or unless the vehicle is subject to pending litigation and/or awaiting an insurance settlement. (The property owner/tenant must provide documentation to substantiate "currently awaiting repairs" over 30 days).
"DURABLE SURFACE." Four inches of concrete, two inches of asphalt or other materials approved by the town. Gravel or crushed stone shall not qualify as a "DURABLE SURFACE".
"JUNKED MOTOR VEHICLE." As authorized and defined in G.S. § 160A-303.2 the term, "JUNKED MOTOR VEHICLE" means a vehicle that does not display a current license plate lawfully upon that vehicle and that:
(1) Is partially dismantled or wrecked; or
(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.
"MANUFACTURED CAR COVER." A cover that is manufactured to be used to cover a vehicle. This cover can be a cover specially designed for a particular vehicle or type of vehicle or can be a generic cover. The cover must be completely opaque and conceal the vehicle in its entirety.
"MOTOR VEHICLE" or "VEHICLE." All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
"NUISANCE VEHICLE." As authorized in G.S. § 160A-193 to regulate public nuisances, a motor vehicle on public or private property shall be 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; or
(2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; or
(3) A point of collection of pools or ponds of water; or
(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor; or
(5) One so offensive to the sight as to diminish adjoining property values, or degrade the community, neighborhood or area appearance; or
(6) So situated or located that there is a danger of it falling or turning over; or
(7) One being used for storage or a point of collection of any items defined in § 95.01 or any other garbage, food, waste, animal waste, or any other rotten or putrescible matter of any kind; or
(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 Board of Commissioners.
Ord. 90-91-16, passed 4-8-91; Am. Ord. 93-94-25, passed 5-9-94; Am. Ord. 02-03-14, passed 10-14-02; Am. Ord. 02-03-31, passed 3-10-03; Am. Ord. 06-07-22, passed 10-23-06; Am. Ord. 07-08-20, passed 1-14-08)
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