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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. As authorized and defined in G.S. § 160A-303, a vehicle 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 town for longer than 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 Town Coordinator or their designees, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, 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 moved 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 $100.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land 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 harborer for mosquitoes, other insects, rats, or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height;
(3) A point of collection of pools or ponds of water;
(4) A point of concentration of quantities of gasoline, oil, or other flammable or explosive materials as evidenced by odor;
(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, and the like;
(6) So situated or located that there is a danger of it falling or turning over;
(7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind;
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Board of Commissioners.
(Prior Code, § 8-3002) (Ord. passed 4-10-2003)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein.
(B) Upon investigation, the Town Manager, Police Chief, or their designee may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Prior Code, § 8-3003) (Ord. passed 4-10-2003) Penalty, see § 92.99
(A) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for 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 his or her 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.
(C) Subject to the provisions of division (A) above, upon investigation, the Town Manager or designee may order the removal of a junked motor vehicle as defined in this chapter after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on 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.
(Prior Code, § 8-3004) (Ord. passed 4-10-2003) Penalty, see § 92.99
(A) One junked, nuisance, or abandoned motor vehicle, in its entirety, can be located on a lot in use as a one- or two-family residential property, if the vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. Such covering shall be kept in good repair and shall not be allowed to deteriorate. The Town Manager is authorized to determine whether any junked, nuisance, or abandoned vehicle is adequately concealed by an acceptable covering as required by this provision.
(B) Any other junked, nuisance, or abandoned vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked, nuisance, or abandoned vehicle(s) cannot be seen from a public street or abutting property. A GARAGE OR BUILDING STRUCTURE means either a lawful, nonconforming use or garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all Zoning and Building Code regulations.
(Prior Code, § 8-3005) (Ord. passed 4-10-2003)
(A) Except as set forth in § 92.07, an abandoned, nuisance, or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle or a junked motor vehicle, if the names and mailing addressee of the registered owner or person entitled to the 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 mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such 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 affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(B) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor 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, such appeal shall be made in writing to the Town Manager. The Town Manager will then schedule a hearing with the owner for the appeal to be heard. All enforcement of the ordinance will be stayed until a decision is made. If the owner is not satisfied with the results of the hearing, then the owner reserves the right to submit an appeal in writing to the Board of Commissioners. The Board of Commissioners will hear the appeal at the next regular meeting and all enforcement action will be stayed until the appeal is heard.
(Prior Code, § 8-3006) (Ord. passed 4-10-2003)
(A) The requirement that notice be given prior to the removal of an abandoned, nuisance, or junked motor vehicle may, as determined by the authorizing 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. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
(B) Circumstances justifying the removal of vehicles without prior notice include the following.
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Board of Commissioners hereby determines that immediate removal of such vehicles may be warranted when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance prohibiting or restricting parking;
(c) Parked in a no-stopping or standing zone;
(d) Parked in loading zones;
(e) Parked in bus zones;
(f) Parked in violation of temporary parking restrictions; or
(g) Obstructing emergency equipment and personnel.
(2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on town-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public and maintain the public health, safety, and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.
(3) Vehicles on town-owned property. Abandoned or nuisance vehicles left on town- owned property longer than 24 hours will be towed at the owner’s expense.
(Prior Code, § 8-3007) (Ord. passed 4-10-2003)
(A) Any abandoned, nuisance, or junked motor vehicle which has been ordered removed may, as directed by the Town Coordinator or Police Chief or their designee, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the town.
(B) Whenever such a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, such 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.
(C) 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, including the information set forth in divisions (B)(1) through (B)(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.
(D) 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 removal of the vehicle.
(E) Whenever an abandoned, nuisance, or junked motor vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing city official shall have 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 divisions (B)(1) through (B)(5) above.
(Prior Code, § 8-3008) (Ord. passed 4-10-2003)
(A) After the removal of an abandoned vehicle, nuisance vehicle, or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle.
(B) A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such 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.
(Prior Code, § 8-3009) (Ord. passed 4-10-2003)
(A) 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 fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle.
(B) 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 chapter.
(Prior Code, § 8-3010) (Ord. passed 4-10-2003)
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