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As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable law. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle which has been ordered removed by the code enforcement officer. The town may require any person requesting the removal of an abandoned or nuisance vehicle from private property to indemnify the town against any loss, expense or liability incurred because of its removal, storage or sale.
(Ord. passed 12-16-2019)
No person shall be held to answer in a civil or criminal action to any owner or other person legally entitled to the possession of an abandoned or nuisance vehicle for disposing of such vehicle as provided in this chapter.
(Ord. passed 12-16-2019)
Nothing in this chapter shall apply to a vehicle:
(A) Which is located in a bona fide automobile graveyard or junkyard, as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. §§ 136-141 et seq.;
(B) Which is in an enclosed accessory building;
(C) Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or
(D) Which is an appropriate storage place or depository maintained in a lawful place and manner.
(Ord. passed 12-16-2019)
It shall be unlawful for any person to remove or attempt to remove from any storage facility any vehicle which has been impounded pursuant to the provisions of this chapter unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid. Any person who violates this section shall be guilty of a Class 3 misdemeanor and subject to a fine of up to $500 for each violation.
(Ord. passed 12-16-2019)