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(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)
(A) The town may have vehicles removed under this chapter by private towing operators. Any abandoned, junked or hazardous vehicle which has been ordered removed may be removed to a storage area by the tow truck operator or towing business contracting to perform those services for the town.
(B) Whenever a vehicle with a valid registration plate or registration is removed, the Administrator shall immediately notify the last known registered owner of the vehicle, and the notice shall 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 which the owner must follow to redeem the vehicle; and
(5) The procedure to be followed to request a probable cause hearing.
(C) If the vehicle is registered in this state, notice shall be given within 24 hours from removal of the vehicle. Otherwise, notice shall be given to the registered owner within 72 hours from removal of the vehicle. This notice shall, if feasible, be given by telephone. Regardless of whether the owner is reached by phone, notice shall be sent to the owner at his or her last known address unless he or she, or his or her agent, waives this notice in writing.
(D) Whenever an abandoned, junked or hazardous vehicle is removed and the vehicle has no valid registration or registration plate, the Administrator shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner and to notify the owner of the information listed in division (B) above.
(Ord. eff. 6-13-2005)
Any abandoned, junked or hazardous motor vehicle which is not claimed by the owner or other party entitled to possession may be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of the vehicle shall be earned out in accordance with G.S. Chapter 44A.
(Ord. eff. 6-13-2005)
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