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CHAPTER 95: ABANDONED, NUISANCE AND JUNKED MOTOR VEHICLES
Section
   95.01   Administration
   95.02   Definitions
   95.03   Abandoned vehicle unlawful; removal
   95.04   Nuisance vehicle unlawful; removal
   95.05   Junked motor vehicle regulated; removal
   95.06   Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements
   95.07   Exceptions to prior notice requirement
   95.08   Removal of vehicles; post-towing notice requirements
   95.09   Right to probable cause hearing before sale or final disposition of vehicle
   95.10   Redemption of vehicle during proceedings
   95.11   Sale and disposition of unclaimed vehicle
   95.12   Conditions on removal of vehicles from private property
   95.13   Protection against criminal or civil liability
   95.14   Exceptions
   95.15   Unlawful removal of impounded vehicle
§ 95.01 ADMINISTRATION.
   (A)   The Town Manager and the Police Department of the Town of Liberty shall be responsible for the administration and enforcement of this chapter.
   (B)   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.
   (C)   The Town Manager shall be responsible for administering the removal and disposition of abandoned, nuisance or junked motor vehicles located on private property.
   (D)   The town may, on an annual 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.
   (E)   Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Town Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
   (F)   The Town Manager is authorized to secure an administrative search and inspection warrant, as provided by G.S. § 15-27.2, in order to conduct any necessary inspection of the premises and to obtain evidence to determine whether there is any violation of any provisions of this chapter for which the Town Manager has the duty to enforce code provisions.
(1981 Code, § 16-1) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)
§ 95.02 DEFINITIONS.
   For the purpose 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, one that:
      (1)   Is left upon a public street or highway in violation of a law or ordinance prohibiting parking;
      (2)   Is left on a public street or highway for longer than 7 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 2 hours.
   AUTHORIZING OFFICIAL. The supervisory employee of the Police Department or the Town Manager, respectively, 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 lawfully upon that vehicle 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 5 years old and appears to be worth less than $100.
   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 or a public nuisance, including but not limited to 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 8 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 which cannot be operated 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)   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 or glass; or
      (9)   Any other vehicle specifically declared a health or safety hazard or a public nuisance by the Town Council.
(1981 Code, § 16-2) (Ord. passed 3-26-1990)
Statutory reference:
   G.S. § 160A-303(b1)(4), from which subdivision (2) of the definition of abandoned vehicle derives, currently reads “Is left on any public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public.” As of the 2012 S-3, the town had not adopted such an ordinance.
   G.S. § 160A-303(b2)(2), from which subdivision (3) of the definition of junked motor vehicle derives, currently reads “Is more than five years old and worth less than one hundred dollars ($100.00) or is more than five years old and worth less than five hundred dollars ($500.00) as provided by the municipality in an ordinance adopted under this section; or.” As of the 2010 S-2, the town had not adopted such an ordinance.
§ 95.03 ABANDONED VEHICLE UNLAWFUL; REMOVAL.
   (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, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(1981 Code, § 16-3) (Ord. passed 3-26-1990) Penalty, see § 10.99
§ 95.04 NUISANCE VEHICLE UNLAWFUL; REMOVAL.
   (A)   It shall be unlawful for the registered owner or person entitled to possession of a 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.
   (B)   Upon investigation, the Town Manager 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.
(1981 Code, § 16-4) (Ord. passed 3-26-1990) Penalty, see § 10.99
§ 95.05 JUNKED MOTOR VEHICLE REGULATED; REMOVAL.
   (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 to have more than 1 junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
   (C)   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 or concealment requirements of this section.
   (D)   (1)   Subject to the provisions of division (E) below, upon investigation, the Town Manager 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.
      (2)   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.
      (3)   The following, among other relevant factors, may be considered:
         (a)   Protection of property values;
         (b)   Promotion of tourism and other economic development opportunities;
         (c)   Indirect protection of public health and safety;
         (d)   Preservation of the character and integrity of the community; and
         (e)   Promotion of the comfort, happiness and emotional stability of area residents.
   (E)   Permitted concealment or enclosure of junked motor vehicle:
      (1)   One junked motor vehicle.
         (a)   One junked motor vehicle, in its entirety, may be located in the rear yard as defined by Chapter 154 if the junked motor vehicle is entirely concealed by an acceptable covering from public view from a public street and from view from abutting premises.
         (b)   The Town Manager has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision.
         (c)   The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of this chapter.
      (2)   More than one junked motor vehicle.
         (a)   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 vehicle(s) cannot be seen from a public street or abutting property.
         (b)   A garage or building structure means one which is allowed pursuant to a valid nonconforming use, or a garage or a 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.
(1981 Code, § 16-5) (Ord. passed 3-26-1990) Penalty, see § 10.99
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