Section
91.01 Administration
91.02 Definitions
91.03 Abandoned vehicle unlawful; removal authorized
91.04 Nuisance vehicle unlawful; removal authorized
91.05 Junked motor vehicle regulated; removal authorized
91.06 Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements
91.07 Exceptions to prior notice requirements
91.08 Removal of vehicles; post-towing requirements
91.09 Right to probable cause hearing before final disposition of vehicle
91.10 Redemption of vehicle during proceedings
91.11 Sale and disposition of unclaimed vehicle
91.12 Conditions on removal of vehicles from private property
91.13 Protection against criminal or civil liability
91.14 Exceptions
91.15 Unlawful removal of impounded vehicle
The Police Department of the city and a Code Enforcement Officer (appointed by the City Council to enforce the provisions of this chapter) shall be responsible for the administration and enforcement of this chapter. 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 city, and on property owned by the city. The Code Enforcement Officer (or other public official appointed to enforce this chapter) shall be responsible for administering the removal and disposition of “abandoned”, “nuisance” or “junked motor vehicles” located on private property. The city 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. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the City Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(1995 Code, § 8-13) (Ord. passed 4-17-1990)
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, an ABANDONED MOTOR VEHICLE is 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 seven days;
(3) Is left on property owned or operated by the city for longer 24 hours; or
(4) Is left on private property without the consent of the owner, occupant or lessee thereof, for longer than two hours.
AUTHORIZING OFFICIAL. The supervisory employee of the Police Department or the Code Enforcement Officer, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.
MOTOR VEHICLE or VEHICLE. As authorized and defined in G.S. § 160A-303.2, the term JUNKED MOTOR VEHICLE means a vehicle that does not display a current license plate lawfully upon that vehicle and that:
(1) JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, the term JUNKED MOTOR VEHICLE means a vehicle that does not display a current license plate lawfully upon that vehicle and that:
(a) Is partially dismantled or wrecked; or
(b) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(c) Is more than five years old and appears to be worth less than $100 or is more than five years old and appears to be worth less than $500 as provided by the municipality in an ordinance adopted under this section.
(2) NUISANCE 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:
(a) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(b) A point of heavy growth of weeds or other noxious vegetation over 12 inches in height;
(c) A point of collection of pools or ponds of water;
(d) A point of concentration of quantities of gasoline, oil or other flammable or explosive material as evidence by odor;
(e) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods and the like;
(f) So situated or located that there is a danger of it falling or turning over;
(g) One which is a point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
(h) One which has sharp parts thereof which are jagged or contain edges of metal or glass; or
(i) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the City Council.
(1995 Code, § 8-14) (Ord. passed 4-17-1990; Ord. passed 12-10-2012; Ord. passed 5-3-2019)
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