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For the purposes 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 a motor vehicle which:
(1) Is left upon a public street or highway in violation of a law or ordinance;
(2) Is left on a public street or highway for longer than two days;
(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.
AUTHORIZING OFFICIAL. Any code enforcement officer or police officer on duty that day or the Town Manager, respectively, is 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 display a current license plate 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.
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 and 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 eight 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, such as trunks, hoods and the like, which cannot be operated from inside the area of confinement;
(6) One so situated or located that there is a danger of it falling or turning over;
(7) One which is a point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal, glass or other rigid materials; or
(9) The creation of another similar condition(s) or circumstance(s) which exposes the public to safety or health hazards.
(Ord. 2023-02, passed 3-14-2023)
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)
The following vehicles may be removed without prior notice to the owner or person entitled to possession:
(A) Vehicles abandoned on the public streets. For vehicles left on the public streets and highways, the Police Department or Town Manager hereby determines that immediate removal of the vehicles may be warranted when they are:
(1) Obstructing traffic;
(2) Parking in violation of an ordinance prohibiting or restricting parking;
(3) Parked in a no-stopping or standing zone;
(4) Parked in loading zones;
(5) Parked in violation of temporary parking restrictions imposed under any town ordinance.
(B) Nuisance vehicles and abandoned vehicles on private property. These vehicles may be removed without giving prior notice in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety, and welfare. By way of illustration and not limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner posing a traffic hazard or vehicles causing damage to public or private property.
(C) Vehicles left on private property. A vehicle may be removed that has been left on private property without the consent of the owner, occupant or lessee thereof for longer than two hours and the owner, occupant or lessee has complied with § 94.13, or in those circumstances where there is a finding of a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare.
(Ord. 2023-02, passed 3-14-2023)
(A) Any abandoned, nuisance or junked vehicle which has been ordered removed may, as directed by the proper authorizing official of the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform those services for the town. Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, the notice to include the following:
(1) The description of the removed vehicle;
(2) The location where the vehicle is stored;
(3) The violation with which the owner is charged, if any;
(4) The procedure the owner must follow to redeem the vehicle; and
(5) The procedure the owner must follow to request a probable cause hearing on the removal.
(B) The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (A)(1) through (5) of this section, shall also be mailed to the registered owner’s last known address, unless the notice is waived in writing by the vehicle owner or his or her agent.
(C) If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours of the removal of the vehicle. Written notice by mail shall be deemed to have been given upon deposit in the US mail.
(D) Whenever an abandoned, nuisance or junked motor vehicle is removed and the vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number to determine the last known registered owner of the vehicle and to notify him or her of the information set forth in divisions (A)(1) through (5) of this section.
(Ord. 2023-02, passed 3-14-2023)
After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in accordance with the provisions of G.S. Chapter 20, Article 7A, as amended.
(Ord. 2023-02, passed 3-14-2023)
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