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§ 95.05 JUNKED MOTOR VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.
   (A)   It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the vehicle to remain on the property after it has been ordered removed.
   (B)   It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to fail to comply with the locational or concealment requirements of this chapter.
   (C)   Subject to the provisions of division (D) below, upon investigation, the Code Enforcement Officer 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. The 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 area residents.
   (D)   Permitted concealment or enclosure.
      (1)   One junked motor vehicle, in its entirety, can be located in the rear yard (as defined by the town’s zoning ordinance) of any property being lawfully used for one- or two-family residential purposes, if the vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The covering shall be kept in good repair and shall not be allowed to deteriorate. The Code Enforcement Officer is authorized to determine whether any junked motor vehicle is adequately concealed by an acceptable covering as required by this provision.
       (2)   Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles(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.
(Ord. passed 1-9-2024)
§ 95.06 PRE-TOWING NOTICE REQUIRED.
   (A)   Except as set forth in division (C) below, an abandoned, hazardous or junked vehicle that is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the vehicle. In the case of a junked or hazardous vehicle, if the names and mailing addresses 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 sent by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which it was mailed, and the date it was mailed. If the information cannot be so ascertained, or if the vehicle to be removed is abandoned, notice shall be affixed to the vehicle in a 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, hazardous 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, he or she may submit a written request of appeal to the Code Enforcement Officer before the seven-day period has expired. The appeal shall be heard by the Town Council at its next regularly scheduled meeting, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
   (C)   The requirement that notice be given prior to the removal of an abandoned, junked or hazardous vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for a prompt action to eliminate traffic obstruction or to otherwise maintain and protect the public safety and welfare. By way of illustration and not of limitation, these 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, vehicles parked in a fire zone or other no-stopping or standing zone, and vehicles causing damage to public or private property. The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
(Ord. passed 1-9-2024)
§ 95.07 REMOVAL OF VEHICLES; POST-TOWING NOTICE.
   (A)   The town may have vehicles removed under this chapter by private towing operators. Any abandoned, junked or hazardous vehicle that has been ordered removed may be removed to a storage area by the tow truck operator or towing business contracting to perform those services for the town.
   (B)   Whenever a vehicle is removed, the authorizing official shall immediately notify the last-known registered owner of the vehicle. The notice shall include the following information:
      (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.
   (C)   If the vehicle is registered in this state, notice shall be given within 24 hours from removal of the vehicle. Otherwise, notice shall be given to the registered owner within 72 hours from removal of the vehicle. This notice shall, if feasible, be given by telephone. Regardless of whether the owner is reached by phone, notice shall be sent to the owner at his or her last-known address unless he or she, or his or her agent, waives this notice in writing.
   (D)   Whenever an abandoned, junked or hazardous vehicle is removed and the vehicle has no valid registration or registration plate, the authorizing official shall make reasonable efforts, including checking the vehicle identification number, to determine the last-known registered owner and to notify the owner of the information listed in division (B) above.
(Ord. passed 1-9-2024)
§ 95.08 PROBABLE-CAUSE HEARING PRIOR TO DISPOSITION.
    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. A request for hearing must be filed in writing with the county magistrate designated in G.S. § 20-219.11(c) 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.
(Ord. passed 1-9-2024)
§ 95.09 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.
   (A)   The town will not remove a vehicle from private property if the owner, occupant or lessee could have the vehicle removed under applicable state law procedures.
   (B)   Unless determined by the Administrator to be hazardous or junked motor vehicle, no vehicle shall be ordered removed by the town without prior written request from the owner, occupant or lessee.
   (C)   The town may require any person requesting the removal of a junked, abandoned or hazardous vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale of the vehicle.
(Ord. passed 1-9-2024)
§ 95.10 REDEMPTION OF REMOVED VEHICLE.
   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 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 chapter.
(Ord. passed 1-9-2024)
§ 95.11 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.
   Any abandoned, nuisance or junked motor vehicle that 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 city and in accordance with G.S. Ch. 44A, Art. 1.
(Ord. passed 1-9-2024)
§ 95.12 IMMUNITY FROM CRIMINAL AND CIVIL ACTION.
   No person shall be held to answer in any criminal or civil action to any owner or other person legally entitled to possession of any junked, abandoned or hazardous motor vehicle for disposing of the vehicle as provided in this chapter.
(Ord. passed 1-9-2024)
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