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As used in this article, the following terms shall have the respective meanings ascribed to them.
ABANDONED VEHICLE. As authorized and defined in G.S. § 160A-303, an ABANDONED VEHICLE is one that:
(1) Is left upon a public street or highway in violation of a law or article prohibiting parking;
(2) Is left upon a public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public;
(3) Is left upon property owned or operated by the town for longer than 24 hours; or
(4) Is left upon private property without the consent of the owner, occupant or lessee thereof for longer than two hours.
AUTHORIZED OFFICIAL. The Town Manager or designee and Davie County Sheriff, respectively, are designated to order the removal of vehicles under the provisions of this article.
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:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or move 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 $500; or
(4) Does not display a current license plate.
MOTOR VEHICLE OR VEHICLE. All machines designed or intended to travel over land or water 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, a public nuisance and unlawful, including 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 which exceeds eight inches in height;
(3) In a condition allowing the collection of pools or ponds of water;
(4) A concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
(5) An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods;
(6) So situated or located that there is a danger of it falling or turning over;
(7) A collection of garbage, food waste, animal waste or any other rotten or putrescent matter of any kind; or
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
(9) A junked motor vehicle.
(2003 Code, § 5-6.2) (Adopted 3-6-2001; Amended
7-6-2021
)
(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 authorized officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(2003 Code, § 5-6.3) (Adopted 3-6-2001)
(A) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or 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 or designee may determine and declare that a vehicle is a health or safety hazard, and a nuisance vehicle, as defined above, and order the vehicle removed.
(2003 Code, § 5-6.4) (Adopted 3-6-2001; Amended
7-6-2021
)
(A) It shall be unlawful for the registered owner or person entitled to 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 one junked motor vehicle, as defined herein, on the premises of private property. A single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
(C) It shall be unlawful for the 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 location requirements or the concealment requirements of this section.
(D) Subject to the provisions of § 5-6.7, the Town Manager or designee may order the removal of a junked motor vehicle found in violation of this article to a storage garage or area. No vehicle shall be removed from private property without the written request of the owner, lessee or occupant of the premises unless the Town Manager or designee finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based upon 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 the area residents.
(2003 Code, § 5-6.5) (Adopted 3-6-2001; Amended
7-6-2021
)
(A) One junked motor vehicle, in its entirety, may be located in the rear yard, as defined in the town zoning article, provided the junked motor vehicle is entirely concealed from public view, from a public street and/or abutting premises by an acceptable covering for not more than 60 calendar days. Junked motor vehicles kept on the premises more than 60 calendar days shall be kept inside a completely enclosed building. The Town Manager or designee has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate.
(B) Any one or more junked motor vehicles kept for a period exceeding 60 calendar days shall be kept within a completely enclosed building, as defined in the town zoning ordinance.
(2003 Code, § 5-6.6) (Adopted 3-6-2001; Amended
7-6-2021
)
(A) Except as set forth in § 5-6.8. below, an abandoned, nuisance or junked motor vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the name(s) and address(es) 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 given by first class mail.
(B) The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to whom and to which mailed, and the date mailed. If the names and addresses cannot be ascertained or 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 specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than seven days after the notice is mailed or affixed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(C) With respect to abandoned vehicles on private property, nuisance vehicles and junked vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle, but chooses to appeal the determination that the vehicle is abandoned, 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 to the Board of Adjustments in writing, heard at the next regularly scheduled meeting of the Board of Adjustments, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. Appeals from the Board of Adjustment shall be to District Court in Davie County.
(D) Vehicles shall be released at any time after towing by posting a bond or paying the fees then due following § 5-6.11 below.
(2003 Code, § 5-6.7) (Adopted 3-6-2001; Amended
7-6-2021
)
The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorized 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. The findings shall, in all cases, be entered by the authorized official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include.
(A) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Board of Commissioners hereby determines that the immediate removal of the vehicles may be warranted when they are:
(1) Obstructing traffic;
(2) Parked in violation of an article prohibiting or restricting parking;
(3) Parked in a no-stopping or standing zone;
(4) Parked in loading zones;
(5) Parked in bus zones; or
(6) Parked in violation of temporary parking restrictions.
(B) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicle left on town-owned property other than the streets or highways, and on private property, the vehicles may be removed without giving prior notice only in those circumstances where the authorized official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, the circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.
(2003 Code, § 5-6.8) (Adopted 3-6-2001)
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