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Any abandoned, hazardous 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 such vehicles shall be carried out in coordination with the city and in accordance with G.S. §§ 44A-1 through 44A-6.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
As a general policy, the city will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the city from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a hazardous vehicle or is a junked motor vehicle which has been ordered removed by the authorizing official. Any person requesting the removal of an abandoned, hazardous or junked motor vehicle from private property shall indemnify the city against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
It shall be unlawful for any person to remove or attempt to remove from any storage facility desig-nated by the city any vehicle which has been impounded pursuant to the provisions of this code unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.
(Ord. passed 7-2-91: am. Ord. O-1999-66, passed 10-5-99)
Nothing in this chapter shall apply to any vehicle which meets the following conditions:
(A) The vehicle is located in a bona fide automobile graveyard or junkyard as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. § 136-141 et seq.
(B) The vehicle is in an enclosed building.
(C) One (1) junked motor vehicle in its entirety, is located in the rear yard as defined by the city's zoning ordinance if the junked motor vehicle is entirely concealed from public view by an approved motor vehicle cover. The approved motor vehicle cover must remain in good repair and must not be allowed to deteriorate.
(D) The vehicle is on the premises of a business enterprise being operated in a lawful place and manner and the vehicle is necessary to the operation of the enterprise.
(E) The vehicle is in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(F) The motor vehicle is used on a regular basis for business or personal use.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
No person shall be held to answer to any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, hazardous or junked motor vehicle, for disposing of such vehicle in accordance with the provisions of this chapter.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
The rewriting of this chapter in part carries forth by reenactment some of the provisions of the existing abandoned and junked motor vehicles ordinance of the city and is not intended to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the abandoned and junked motor vehicles ordinance which are not reenacted herein are hereby repealed.
(Ord. O-1999-66, passed 10-5-99)
If any part of this ordinance or the application thereof to any person or condition is held invalid such invalidity shall not affect other parts of this ordinance or their application to any other person or condition, and to this end, the provisions of this ordinance are hereby declared to be severable.
(Ord. O-1999-66, passed 10-5-99)