Section
Abandoned Vehicles
80.01 Definitions
80.02 Duty of owners
80.03 Liability of persons to owners
80.04 Removal of abandoned vehicle by village
80.05 Indemnification of village
80.06 Notice
80.07 Sale or disposal of abandoned vehicles; hearing procedure
80.08 Exemptions
Supplementary Regulations for Junked Vehicles
80.20 Purpose
80.21 Definition
80.22 Removal of junked vehicle by village
80.23 Indemnification of village
80.24 Notice
80.25 Towing; hearing procedure
80.26 Liability of persons to owners
Statutory reference:
Removal, disposal of junked and abandoned motor vehicles, see G.S. §§ 160A-303, 160A-303.2
ABANDONED VEHICLES
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED MOTOR VEHICLE." A motor vehicle that:
(1) Has been left upon a street or highway in violation of a law, provision of this code, or other ordinance of the village prohibiting parking; or
(2) Is left on property owned or operated by the village for longer than 24 hours; or
(3) Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
(4) Is left on any public street or highway for longer than seven days.
"JUNK MOTOR VEHICLE." An abandoned motor vehicle that also:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner in which it was originally intended to move;
(3) Is more than five years old and worth less than $100; or
(4) Does not display a current license plate.
"MOTOR VEHICLE." All machines designed or intended to travel over land or water by self-propulsion or while attached to any self- propelled vehicle.
(G.S. § 160A-303(b))
It shall be the duty and responsibility of the owner of any abandoned or junked motor vehicle to cause the removal thereof immediately and to pay all costs incident to the removal. It shall be unlawful for any person to allow a motor vehicle owned by him to remain after notice has been given to such person to have the vehicle removed.
Any junked or abandoned motor vehicle may be removed by the village to a storage garage or area. However, no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises, unless the village or a duly authorized village official or employee has declared that vehicle to be a health or safety hazard.
(G.S. § 160A-303(c))
Regardless of whether the village does its own removal and disposal of motor vehicles or contracts with another person to do so, the village shall provide a hearing procedure for the owner. For purposes of this section, the definitions in G.S. § 20-219.9 apply.
(A) If the village operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of G.S. Article 7A, Chapter 20, apply.
(B) If the village operates in such a way that it is responsible for collecting towing fees, it shall:
(1) Provide by contract or ordinance for a schedule of reasonable towing fees;
(2) Provide a procedure for a prompt fair hearing to contest the towing;
(3) Provide for an appeal to district court from that hearing;
(4) Authorize release of the vehicle at any time after towing by the posting of a bond or paying of the fees due; and
(5) Provide a sale procedure similar to that provided in G.S. §§ 44A-4, 44A-5, and 44A-6, except that no hearing in addition to the probable cause hearing is required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the village may destroy it.
(G.S. § 160A-303(d))
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