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(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)
(A) Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by a tow truck operator or towing business contracted to perform the services for the town. Whenever a vehicle is removed, the authorized town official shall immediately notify the last known registered owner of the vehicle with the 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.
(B) 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 indicating the information set forth in subsections (A)(1) through (A)(5) above shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his or her agent.
(C) If the vehicle is registered in the state, 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 date of the removal of the vehicle.
(D) Whenever an abandoned, nuisance or junked motor vehicle is removed and the vehicle has no valid registration or registration plates, the authorized 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 subsections (A)(1) through (A)(5) above.
(2003 Code, § 5-6.9) (Adopted 3-6-2001)
After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the County Magistrate designated by the Chief District Court Judge to receive the hearing requests. The Magistrate will set the hearing within 72 hours of receipt of the request and the hearing will be conducted in accordance with the provisions of G.S. § 20-219.11, as amended.
(2003 Code, § 5-6.10) (Adopted 3-6-2001)
At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fees, including any storage charges, or by posting a bond for double the amount of the fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this article.
(2003 Code, § 5-6.11) (Adopted 3-6-2001)
Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of a vehicle shall be carried out in coordination with the town and in accordance with G.S. Ch. 44A, Art. 1.
(2003 Code, § 5-6.12) (Adopted 3-6-2001)
As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of the property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where the vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the Town Manager or designee. The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(2003 Code, § 5-6.13) (Adopted 3-6-2001; Amended
7-6-2021
)
No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle for disposing of the vehicle as provided in this article.
(2003 Code, § 5-6.14) (Adopted 3-6-2001)
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