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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A motor vehicle shall be deemed to have been abandoned in the following circumstances.
(1) It is left unattended upon a street or highway for longer than 12 hours in violation of a law or ordinance prohibiting parking.
(2) It is left unaccompanied on property owned or operated by the town for a period longer than 72 hours.
(3) It is left unaccompanied on any public street or highway for a period longer than five days.
(4) It is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours.
JUNKED MOTOR VEHICLE.
(1) An abandoned motor vehicle that also:
(a) Is partially dismantled or wrecked;
(b) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(c) Does not display a current license plate.
(2) Except that a vehicle which is located on private property and is fully covered by a manufactured car cover and is not surrounded by overgrown weeds or grass shall not be considered a junked motor vehicle.
(A) (1) If a motor vehicle is abandoned or junked on a public street or highway, it shall be the duty and responsibility of the owner of such motor vehicle to cause the removal thereof immediately and to pay all costs incident to such removal.
(2) It shall be unlawful for any person to allow a motor vehicle owned by him or her to remain abandoned on a public street or highway after notice has been duly given to such person to have the vehicle removed.
(B) (1) If a motor vehicle is junked on private property, it shall be the duty and responsibility of the owner of such motor vehicle to cause the removal thereof immediately and to pay all costs incident to such removal.
(2) It shall be unlawful for any person to allow a motor vehicle owned by him or her to remain junked on private property after notice has been duly given to such person to have the vehicle removed.
(Prior Code, § 90.03) Penalty, see § 90.99
Whenever any motor vehicle is abandoned or junked on a public street or highway, or on property owned or operated by the town, or on private property, any such vehicle may be removed by or under the direction of the Chief of Police, or his or her designee, to a storage garage or area; provided, no merely abandoned vehicle shall be removed from private property without the written request or permission of the owner, lessee, or occupant thereof unless the same has been declared by the town to be a health or safety hazard.
(Prior Code, § 90.04)
(A) When an abandoned or junked motor vehicle is removed from private property at the request of the owner, lessee, or occupant thereof, the person at whose request such vehicle is removed shall be required to pay or otherwise indemnify the town for any expenses incurred by reason of the removal and storage of such vehicle. When the town removes a junked vehicle from private property, due to a violation of § 90.03, the property owner shall pay to the town all administrative and real costs incurred by reason of the removal. The vehicle owner shall pay to the town all administrative and real costs incurred by reason of the towing, storage, and disposition of the vehicle.
(B) The owner of any vehicle removed hereunder from any public street or highway, or any property owned or operated by the town, or any private property, shall pay to the town all reasonable costs incident to the removal and storage of such vehicle and to locating the owner thereof.
(C) Written notice of each removal of an abandoned or junked vehicle and of the possible sale or disposition thereof shall be given as promptly as possible to the owner thereof at his or her last known address according to the latest registration certificate or certificate of title on file with the State Department of Motor Vehicles.
(D) Notice need not be given to the registered owner when the vehicle does not display a license plate and the vehicle identification numbers have been removed or defaced so as to be illegible.
(E) The owner of a towed vehicle may, within 20 days of the notice required by § 90.06, request a hearing before the appropriate town official to contest the towing and charges therefor, pursuant to G.S. § 160A-303.
(Prior Code, § 90.05)
If an abandoned motor vehicle is worth $100 (value to be determined by the town) or more and should the owner thereof refuse to pay the aforementioned costs or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search, it shall, after being held by the town for 30 days and after 20 days’ written notice to the registered owner at his or her last known address if his or her identity is known, and to the holders of all liens of record against the vehicle, and to the State Department of Motor Vehicles, be sold by the town at public auction. However, any person having an interest in the vehicle may redeem it at any time before the sale by paying all costs, including administrative and legal fees of the town, which have accrued to date.
(Prior Code, § 90.06)
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