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For the purpose of this subchapter, 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, an abandoned motor vehicle is one 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 Code Enforcement Officer or designee, 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, the term JUNKED MOTOR VEHICLE means 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 harbor of 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; and/or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Code Enforcement Officer or designee.
(Prior Code, § 90.01) (Ord. passed - - )
(A) The Police Department and the Town Clerk shall be responsible for the administration and enforcement of this chapter.
(B) The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the town, and on property owned by the town.
(C) The Code Enforcement Officer shall be responsible for administering the removal and disposition of abandoned, nuisance or junked motor vehicles located on private property.
(D) The town may, on an annual basis, or on a per event basis, contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this chapter and applicable state laws.
(E) Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Town Police Department in enforcing other laws or in otherwise carrying out their duties.
(Prior Code, § 90.02) (Ord. passed - - )
(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 in § 96.15.
(B) Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Prior Code, § 90.03) (Ord. passed - - ) Penalty, see § 10.99
(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 Code Enforcement Officer may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined in § 96.15, and order the vehicle removed.
(Prior Code, § 90.04) (Ord. passed - - ) Penalty, see § 10.99
(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 the vehicle has been ordered removed.
(B) 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. 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 developments opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community;
(5) Promotion of the comfort, happiness and emotional stability of area residents; and
(6) Promotion of a college community that provides an enticement to young people and their parents to look upon the town as clean and “well-groomed”.
(Prior Code, § 90.05) (Ord. passed - - ) Penalty, see § 10.99
(A) Except as set forth in § 96.21, 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. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses 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 class 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 to the Board of Commissioners in writing, heard at the next regularly scheduled meeting of the Board of Commissioners and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(Prior Code, § 90.06) (Ord. passed - - )
(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.
(B) Such findings shall in all cases be entered by the authorizing official in the appropriate daily records.
(C) Circumstances justifying the removal of vehicles without prior notice include:
(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 any provision of the Traffic Code or any other ordinance of the town prohibiting or restricting parking;
(c) Parked in a no-stopping or standing zone;
(d) Parked in loading zones;
(e) Parked in bus zones; or
(f) Parked in violation of temporary parking restrictions imposed under code sections.
(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 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.
(Prior Code, § 90.07) (Ord. passed - - )
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