(A) Definitions. For purposes of this section, the term JUNKED MOTOR VEHICLE, as authorized by G.S. § 160A-303.2, means a vehicle that does not display a current license plate 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 $500.
(B) Abandonment prohibited. It shall be unlawful to abandon a junked motor vehicle, as defined in this section, on public streets, public grounds or private property.
(C) Required finding; order to remove.
(1) Upon investigation, a Code Enforcement Officer may order the removal of a junked motor vehicle, as defined in this section, after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed upon the owner of the vehicle. 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:
(a) Protection of property values;
(b) Promotion of tourism and other economic development opportunities;
(c) Indirect protection of public health, which may be indicated when one or more of the conditions listed in divisions (C)(1)(c)2. through (C)(1)(c)4. below exists or indirect protection of public safety, which may be indicated when one or more of the conditions listed in divisions (C)(1)(c)5. through (C)(1)(c)8. below exists:
1. A breeding ground or harbor for mosquitoes, insects, snakes or pests or vehicles used for storage in a manner which may attract such pests;
2. A point of heavy growth of weeds or other noxious vegetation over eight inches in height;
3. A point of collection for pools or ponds of water;
4. A source of danger for children from exposed surfaces of metal, glass or other rigid materials;
5. Is a breeding ground or harbor for rats;
6. Is a point of concentration or source of leaking of uncontained gasoline, oil or other flammable or explosive materials;
7. Is positioned in a way that there is a danger it will fall or turn over; or
8. Is a source of danger for children because they might become entrapped in areas of confinement that cannot be opened from the inside.
(d) Preservation of the character and integrity of the community; and
(e) Promotion of the comfort, happiness and emotional stability of area residents.
(2) If the owner of the vehicle shall request in writing that the vehicle be removed, then the Code Enforcement Officer need not make the finding described in this section, nor shall notice of removal be given. Additionally, the Code Enforcement Officer need not make the finding described in this section if he or she has a written request from the owner, lessee, or occupant of the premises to remove a junked motor vehicle. In such cases, prior notice must be given according to division (D) below.
(D) Removal by direction of the town.
(1) A junked motor vehicle which is to be removed pursuant to this section shall be towed only after notice to the registered owner or person entitled to claim possession of the vehicle. If the names and mailing addresses of the registered owner or person entitled to possession of the vehicle can be ascertained in the exercise of reasonable diligence, the notice shall be given by certified mail. When service is attempted by certified mail, a copy of the letter may be sent regular mail. Service shall be deemed sufficient if the certified mail is returned unclaimed or refused, but the regular mail is not returned within ten days after mailing. The notice shall indicate that the vehicle will be removed at the town’s authorization no sooner than seven days after receipt of notice. A copy of the notice will be retained by the town. 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 a notice indicating that the vehicle will be removed at the town’s authorization on or after a specified date no sooner than seven days after the notice is affixed.
(2) If the owner wishes to request a hearing, said hearing must be requested in writing within the time period set forth in the notice.
(3) If the vehicle is not removed within the allotted time frame and a request for a hearing is not made in a timely fashion, such vehicle shall be disposed of according to the procedures set forth in § 93.06 of this chapter.
(E) Liability for damages. Any person who removes a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle or intentionally inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(G) Exception. The provisions of this section shall not apply to any motor vehicle that is used on a regular basis for business or personal use.
(Ord. passed 9-9-2021)
Statutory reference:
Related provisions, see G.S. § 160A-303.2