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
(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)
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.
(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
(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
(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
(A) Except as set forth in § 95.07 below, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle.
(B) In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the 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 given by first class mail.
(C) The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed.
(D) If names and addresses cannot be ascertained of if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specific date, no sooner than 7 days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(E) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession chooses to appeal the determination that the vehicle is abandoned, is a nuisance vehicle or, in the case of a junked motor vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, the appeal shall be made only after the vehicle has been towed and during the right to probable cause hearing outlined in § 95.09 below.
(1981 Code, § 16-6) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)
(A) The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare.
(B) The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include, among others, the following.
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Town Council hereby determines that immediate removal of a vehicle may be warranted when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance prohibiting or restricting parking, parked in a no-stopping or standing zone;
(c) Parked in loading zones;
(d) Parked in bus zones; or
(e) Parked in violation of temporary parking restriction imposed pursuant to ordinance.
(2) Other abandoned or nuisance vehicles.
(a) With respect to abandoned or nuisance vehicles left on town-owned property other than the streets or highways, and on private property, vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare.
(b) By way of illustration and not of limitation, like circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner so as to pose a traffic hazard, and vehicles causing damage to public or private property.
(1981 Code, § 16-7) (Ord. passed 3-26-1990)
(A) Any abandoned, nuisance or junked motor vehicles which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform services for the town.
(B) Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, notice to 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 the owner must follow to redeem the vehicle; and
(5) The procedure the owner must follow to request a probable cause hearing on the removal.
(C) The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (B)(1) through (5) above, shall also be mailed to the registered owner's last know address, unless this notice is waved in writing by the vehicle owner or his or her agent.
(D) If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of the vehicle.
(E) Whenever an abandoned, nuisance or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her of the information set forth in divisions (B)(1) through (5) above.
(1981 Code, § 16-8) (Ord. passed 3-26-1990)
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