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ARTICLE IV. JUNKED AND ABANDONED MOTOR VEHICLES |
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*Cross references: Traffic and vehicles, ch. 54. State law references: Removal and disposal of junked and abandoned motor vehicles, G.S. 160A-303. __________ Sec. 26-126. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned motor vehicle means 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 town prohibiting parking; or (2) Is left on property owned or operated by the town for longer than 24 hours; or (3) Is left on private property without the consent of the owner, occupant or lessee for longer than two hours; or (4) Is left on any public street or highway for longer than seven days. Junked motor vehicle means a motor vehicle which does not display a current license plate and: (1) Is partially dismantled or wrecked; or (2) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or (3) Is more than five years old and appears to the codes administrator to be worth less than $500.00. Motor vehicle means any machine designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle. (Code 1987, § 90.01) State law references: Similar definitions, G.S. 160A-303; G.S. 160A - 303.2(a). Note: As per General Assembly of North Carolina Session Law 2004-30, the allowable rate for junked motor vehicles was increased to $500.00.
Sec. 26-127. Duty of owners. It shall be the duty and responsibility of the owner of any abandoned or junked motor vehicle to cause its removal 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. (Code 1987, § 90.02)
Sec. 26-128. Liability of persons to owners. No 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 abandoned, lost or stolen motor vehicle for disposing of the vehicle as provided in this chapter. (Code 1987, § 90.03) State law references: Similar provisions, G.S. 160A-303(f).
Sec. 26-129. Removal of abandoned vehicle by town. Any junked or abandoned motor vehicle may be removed by the town 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 town or a duly authorized town official or employee has declared that vehicle to be a health or safety hazard, except as set out in this article. (Code 1987, § 90.04) State law references: Similar provisions, G.S. 160A-303(c).
Sec. 26-130. Indemnification of town. Any person requesting the removal of a junked or abandoned motor vehicle from private property shall indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale of that vehicle. (Code 1987, § 90.05) State law references: Similar provisions, G.S. 160A-303(c).
Sec. 26-131. Notice. When any junked or abandoned motor vehicle is removed, the town shall give notice to the owner as required by G.S. 20-219.11(a) and (b). (Code 1987, § 90.06) State law references: Similar provisions, G.S. 160A-303(c).
Sec. 26-132. Sale or disposal of abandoned vehicles; hearing procedure. (a) Regardless of whether the town does its own removal and disposal of motor vehicles or contracts with another person to do so, the town shall provide a hearing procedure for the owner. For purposes of this section, the definitions in G.S. 20-219.9 apply. (b) If the town operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of G.S. 20-219.9 et seq. apply. (c) If the town 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 town may destroy it. (d) Once the owner of the abandoned or junked vehicle has been properly notified, the owner shall have seven days to apply for a hearing before the codes administrator to contest the removal of the abandoned or junked vehicle. If the owner is dissatisfied with the decision of the codes administrator, the owner shall have ten days from the date of the decision to appeal the decision to the district court. (Code 1987, § 90.07) State law references: Similar provisions, G.S. 160A-303(d).
Sec. 26-133. Exemptions. Nothing in this article shall apply to any vehicle in an enclosed building or any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the town. (Code 1987, § 90.08) State law references: Similar provisions, G.S. 160A-303(g).
Sec. 26-134. Abandoned or junked vehicles on private property. (a) It shall be unlawful for the owner, possessor, occupant or lessee of any property to utilize, maintain or operate the property for the open storage of one or more junked vehicles unless the property is a bona fide automobile graveyard or junkyard as defined in G.S. 136-143 and is in a zone allowing such automobile graveyard or junkyard within the zoning jurisdiction of the town. (b) It shall be unlawful for the owner, possessor, occupant or lessee of any property to have, keep or maintain on such property the open storage of a junked vehicle. (c) Open storage of a junked motor vehicle is defined as allowing one or more junked motor vehicles to remain outside of a building on any property within the town's corporate limits. (d) Any junked vehicle found to be in violation of this article may be removed by the town to a storage garage or area; but no such vehicle shall be removed from private property without the written request of the owner, lessee, possessor or occupant of the premises unless the codes administrator finds in writing that aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such findings 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 value. (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. (5) Promotion of the comfort, happiness and emotional stability of the area residents. (e) The town may require any person requesting the removal of a junked or abandoned motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of its removal, storage or sale. When an abandoned or junked motor vehicle is removed, the town shall give notice to the owner as required in G.S. 20-219.11(a) and (b). (f) Regardless of whether the town does its own removal or disposal of motor vehicles or contracts with another person to do so, the town shall provide to the owner of the vehicle a prior hearing procedure exactly as set forth in section 26-132. (g) In addition to the other provisions set forth in this section, when one or more junked motor vehicles are discovered in open storage, the codes administrator may issue a notice to the owner, possessor, occupant or lessee of the land where the one or more junked motor vehicles are in open storage, notifying and requiring the removal of the vehicles violating this section within 14 days after the date of the notice. The notice may be served in person or by first class mail. If the junked motor vehicles are not removed within 14 days of the delivery of the notice to the owner, possessor, occupant or lessee of the land, the violation of this section shall be punishable as provided in section 1-8. Each violation shall be considered a separate offense. (Code 1987, § 90.09) State law references: Similar provisions, G.S. 160A-303.2. |
