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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303, one that:
(1) Is left upon a street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left on property owned or operated by the town for longer than 24 hours;
(3) Is left on private property for longer than two hours without the written consent of the owner, occupant or lessee of the property; or
(4) Is left for longer than seven days on a public street or highway.
ADMINISTRATOR. The person or persons designated by the Manager to perform the duties and responsibilities assigned by this chapter.
HAZARDOUS MOTOR 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, including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, snakes, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over 18 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;
(5) One which has areas of confinement which cannot be opened from the inside, such as trunks, hoods and the like;
(6) So situated or located that there is a danger of it falling or turning over;
(7) 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 which are jagged or contain sharp edges of metal, glass or other rigid materials; or
(9) One which creates any circumstances which expose the general public to a safety or health hazard.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, one that does not display a current license plate lawfully and that:
(1) Is partially dismantled or wrecked;
(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 $100.
MOTOR VEHICLE. Any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.
PRIVATE PROPERTY. All of that property as described and set out in an owner’s deed, including but not limited to yards, grounds, driveways, entrances or passageways, parking areas, storage areas, vacant land, bodies of water and including sidewalks, grass strips, curbs or rights-of-way up to the edge of the pavement of any public street.
PUBLIC PROPERTY. All that property except private property as herein defined, including but not limited to highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs or rights-of-way up to the edge of the pavement of any public street or body of water.
PUBLIC RIGHT-OF-WAY. Land that is dedicated or otherwise legally established for public use.
(Ord. eff. 6-13-2005)
Statutory reference:
Abatement of public health nuisances, see G.S. § 160A-193
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow the vehicle to be abandoned as the term is defined herein.
(B) Upon investigation, the Administrator may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Ord. eff. 6-13-2005) Penalty, see § 10.99
(A) 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 hazardous vehicle.
(B) Upon investigation, the Administrator may determine and declare that a vehicle is a hazardous vehicle and order the vehicle removed.
(Ord. eff. 6-13-2005) Penalty, see § 10.99
(A) 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.
(B) It shall be unlawful for any owner, 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 fail to comply with the locational requirements or the concealment requirements of this chapter.
(C) Subject to the provisions of division (D) below, upon investigation, the Administrator 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 finding 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) 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.
(D) In determining whether a vehicle constitutes a junked motor vehicle the Administrator, in applying the specific criteria in the definition of a junked motor vehicle, shall take into consideration but not be limited to whether the vehicle has a valid inspection decal as evidence of the stationary character of the vehicle; whether the vehicle displays a current state license plate as evidence of being maintained; whether the tires, wheels and other essential parts of the vehicle are present for the operation of the vehicle; flat tires; removed parts, the condition of the exterior or any other specific evidence that would support a finding that the vehicle violates this section. If such a determination is made, the Administrator shall state that basis in writing.
(E) The town may require any person requesting removal of a junked motor vehicle from private property to indemnify and hold harmless the town against any loss, expenses or liability incurred because of the removal, storage or sale thereof.
(Ord. eff. 6-13-2005) Penalty, see § 10.99
(A) One junked motor vehicle, in its entirety, can be located in the rear yard (as defined by the town’s zoning ordinance) of any property being lawfully used for one- or two-family residential purposes, if the vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The covering shall be kept in good repair and shall not be allowed to deteriorate. The Administrator is authorized to determine whether any junked motor vehicle is adequately concealed by an acceptable covering as required by this provision.
(B) Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles(s) cannot be seen from a public street or abutting property. A
GARAGE OR BUILDING STRUCTURE means either a lawful, nonconforming use or garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
(Ord. eff. 6-13-2005)
(A) Except as set forth in division (C) below, a junked, abandoned or hazardous vehicle which is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the vehicle. In the case of a junked or hazardous vehicle, if the names and mailing addresses of the registered owner or person entitled to 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 sent by first class mail. If the information cannot be so ascertained, or if the vehicle to be removed is abandoned, notice shall be affixed to the vehicle in a conspicuous place.
(B) The notice required by division (A) above shall state why the vehicle is subject to removal and that the vehicle will be removed within seven days after the postmarked date or date of affixation of the notice unless removed prior to that time. Except in those instances where pre-towing notice is not required to be given, if the owner or person entitled to possession does not remove the vehicle but wished to appeal the Administrator’s determination that the vehicle is abandoned, is a safety or health hazard or, in the case of a junked vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, he or she may submit a written request to do so to the Administrator before the seven-day period has expired. The appeal shall be heard by the Town Manager within 30 days of the appeal and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) The requirement that notice be given prior to the removal of an abandoned, junked or hazardous vehicle may, as determined by the Administrator, be omitted in those circumstances where there is a special need for a prompt action to eliminate traffic obstruction or to otherwise maintain and protect the public safety and welfare. By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to business and residences, vehicles parked in a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. The findings shall, in all cases, be entered by the Administrator in the appropriate daily records.
(Ord. eff. 6-13-2005)
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