(A) Unless subject to an exception from the requirements of this chapter, no person or entity shall allow a junked motor vehicle to remain on premises owned or occupied by said person or entity.
(B) Any junked motor vehicle found to be in violation of this chapter may be removed to a storage or garage area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the Town Manager or the Town Manager’s designee finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding by the Town Manager or the Town Manager’s designee 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 by the Town Manager or the Town Manager’s designee:
(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.
(C) The Town Manager or the Town Manager’s designee may require any person requesting the removal of a junked motor vehicle from private property to indemnify the town against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
(D) When a junked motor vehicle is removed, the town shall give notice to the owner as required by G.S. § 20-219.11(a) and (b) as the same may be from time to time amended.
(E) The owner of a junked motor vehicle whose junked motor vehicle has been removed or disposed as provided for in this section shall have a right to a hearing prior to such removal or disposal as set out in § 93.10.
(F) The removal or disposal under this section of any motor vehicle that is used on a regular basis for business or personal use is prohibited.
(G) As set out in G.S. § 160A-303.2(a4), any person who removes a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder, or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(Prior Code, § 1305) Penalty, see § 10.99