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(A) It shall be unlawful for the owner 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 an abandoned, junked or nuisance vehicle.
(B) Upon investigation, the town code enforcement officer (or other municipal official) may determine and declare that the vehicle is a health or safety hazard or a public nuisance, as defined above, and order the vehicle removed.
(Ord. 2024-07, passed 8-13-2024) Penalty, see § 90.999
(A) A vehicle to be towed or otherwise removed because it has been declared to be abandoned, junked or a nuisance vehicle shall be towed only after notice to the owner or person entitled to possession of the vehicle. If the names and mailing addresses of the owners of the vehicle or the real property upon which it is located can be ascertained in the exercise of reasonable diligence, the notice shall be given to both by first class mail. The person who mails the notices shall retain a written record to show the names and addresses to which mailed and the date mailed. If such names and addresses cannot be ascertained, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle. The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than ten days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(B) If the owner or person entitled to possession of the vehicle does not remove the vehicle, but chooses to appeal the determination that the vehicle is an abandoned, junked or nuisance vehicle, such appeal shall be made to the Chief of Police in writing. Such an appeal must be made within ten days following receipt of notice of such action and shall be filed with the Police Department. During the appeal, further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) Upon failure of the vehicle owner or person entitled to possession to appeal within the prescribed time, the determination that the vehicle is an abandoned, junked or nuisance vehicle shall be considered final.
(D) An abandoned, junked or nuisance vehicle may be removed without giving the minimum ten days’ prior notice only in those circumstances where the authorizing official finds, and enters such findings in appropriate records, a special need for prompt action to maintain the public health, safety and welfare.
(Ord. 2024-07, passed 8-13-2024)
(A) Any vehicle which has been determined to be an abandoned, junked or nuisance vehicle may be removed to a storage garage or area by a towing business contracting to perform such services for the town.
(B) (1) Whenever a vehicle with a valid registration plate or registration is towed as provided in this subchapter, the enforcement officer/Building Inspector shall immediately notify the last known registered owner of the vehicle of the following:
(a) A description of the vehicle;
(b) The place where the vehicle is stored;
(c) The violation with which the owner is charged, if any;
(d) The procedure the owner must follow to have the vehicle returned to him or her; and
(e) The procedure the owner must follow to request a probable cause hearing on the towing.
(2) If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in the state, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his or her last-known address unless he or she or his or her agent waives this notice in writing.
(C) Whenever a vehicle with neither a valid registration plate nor registration is towed, as provided in this subchapter, the enforcement officer/Building Inspector 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 listed in division (B) of this section. Unless the owner has otherwise been given notice, it is presumed that the enforcement officer/Building Inspector has not made reasonable efforts, as required under this division (C), unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least seven days before the towing actually occurred; except, no pre-towing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.
(Ord. 2024-07, passed 8-13-2024)
After removal of a vehicle declared to be an abandoned, junked or nuisance vehicle, the owner or other person entitled to possession may request in writing a hearing to determine if probable cause existed for removing the vehicle. The requests must be filed with the magistrate in the county where the vehicle is towed. The magistrate will set the hearing within 72 hours of receipt of the request and a hearing will be conducted in accordance with the provisions of G.S. § 20-219.11.
(Ord. 2024-07, passed 8-13-2024)
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. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not engage in further violations of this subchapter.
(Ord. 2024-07, passed 8-13-2024)
(A) With the consent of the owner, the designated city official may dispose of any vehicle as a junked motor vehicle without holding it for any period of time.
(B) Any abandoned, hazardous or junked motor vehicle which is not claimed by the owner or other party entitled by 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 town and in accordance with G.S. §§ 44A-1 through 44A-6.
(Ord. 2024-07, passed 8-13-2024)
Neither the town or any person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any junked, lost, abandoned or stolen vehicle for disposing of such vehicle as contemplated by this subchapter.
(Ord. 2024-07, passed 8-13-2024)
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