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The Police Department and the Town Manager shall be responsible for the administration and enforcement of this chapter. 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. The Town Manager or Town Manager’s designee shall be responsible for administering the removal and disposition of “nuisance” or “junked motor vehicles” located on private property. The town may, on a case-by-case 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 officers of the Town Police Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 2023-02, passed 3-14-2023)
(A) Upon investigation, a proper authorizing official of the town may determine and declare that a vehicle is a health or safety hazard or an abandoned vehicle as defined above, and order the vehicle removed.
(B) 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 an abandoned vehicle.
(Ord. 2023-02, passed 3-14-2023)
(A) Upon investigation, a proper authorizing official of the town may determine and declare that a vehicle is a health or safety hazard or a nuisance vehicle as defined above, and order the vehicle removed.
(B) 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.
(Ord. 2023-02, passed 3-14-2023)
(A) Upon investigation, the Town Manager or Town Manager’s designee 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. The findings 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) Protection of public health and safety;
(3) Preservation of the character and integrity of the community; or
Provided, however, no vehicle that is used on a regular basis for business or personal use shall be removed or disposed of pursuant to this division (A).
(B) 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.
(C) A vehicle wholly enclosed inside a garage, other building, and not visible to the public shall not be considered a junked vehicle for the purposes of this chapter.
(Ord. 2023-02, passed 3-14-2023)
(A) Notice required. Except as set forth in § 94.08, 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 entided to the 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. Reasonable diligence shall include notification to the registered owner of the vehicle at his or her last known address according to the latest registration certificate or certificate of title on file with the North Carolina Division of Motor Vehicles; notice to the owner of real property as recorded in the Buncombe County Registry; notice to the owner, lessee or occupant as contained in the records of the town. The person who mails the notice shall retain a written record to show the name and address to which mailed, and the date mailed. If the 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 town on a specific date (no sooner than two days after the notice is affixed). The notice shall state that the vehicle will be removed by the town on specified date, no sooner than two days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(B) Appeals. The registered owner or person entitled to possession of a vehicle which has been determined to be an abandoned vehicle on private property, nuisance vehicle or junked motor vehicle who has received a notice pursuant to division (A) of this section may appeal the determination. In the case of notice for removal of a junked motor vehicle where the determination has been made that the aesthetic benefits of removing the vehicle outweigh the burdens on the private property owner, in accordance with § 94.06(A), the registered owner or person entitled to possession of the junked motor vehicle may appeal that determination. Any appeal shall be made within ten days upon receipt of the notice for removal of the vehicle as provided in division (A) of this section. All appeals shall be made to the Town Board of Commissioners in writing. Appeals held pursuant to this section shall be conducted by the Town Board of Commissioners within 45 days after the receipt of a request for a hearing, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(Ord. 2023-02, passed 3-14-2023)
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