§ 160A-303. Removal and disposal of junked and abandoned motor vehicles.
§ 160A‑303. Removal anddisposal of junked and abandoned motor vehicles.
(a) A city may byordinance prohibit the abandonment of motor vehicles on the public streets oron public or private property within the city, and may enforce any suchordinance by removing and disposing of junked or abandoned motor vehiclesaccording to the procedures prescribed in this section.
(b) A motor vehicle isdefined to include all machines designed or intended to travel over land orwater by self‑propulsion or while attached to any self‑propelledvehicle.
(b1) An abandoned motorvehicle is one that:
(1) Has been left upon astreet or highway in violation of a law or ordinance prohibiting parking; or
(2) Is left on propertyowned or operated by the city for longer than 24 hours; or
(3) Is left on privateproperty without the consent of the owner, occupant, or lessee thereof forlonger than two hours; or
(4) Is left on anypublic street or highway for longer than seven days.
(b2) A junked motorvehicle is an abandoned motor vehicle that also:
(1) Is partiallydismantled or wrecked; or
(2) Cannot be self‑propelledor moved in the manner in which it was originally intended to move; or
(3) Is more than fiveyears old and worth less than one hundred dollars ($100.00) or is more thanfive years old and worth less than five hundred dollars ($500.00) as providedby the municipality in an ordinance adopted under this section; or
(3a) Repealed by SessionLaws 2009‑97, s. 1, effective October 1, 2009.
(4) Does not display acurrent license plate.
(c) Any junked orabandoned motor vehicle found to be in violation of an ordinance adopted underthis section may be removed to a storage garage or area, but no such vehicleshall be removed from private property without the written request of the owner,lessee, or occupant of the premises unless the council or a duly authorizedcity official or employee has declared it to be a health or safety hazard. Thecity may require any person requesting the removal of a junked or abandonedmotor vehicle from private property to indemnify the city against any loss,expense, or liability incurred because of the removal, storage, or salethereof. When an abandoned or junked motor vehicle is removed, the city shallgive notice to the owner as required by G.S. 20‑219.11(a) and (b).
(d) Hearing Procedure. Regardless of whether a city does its own removal and disposal of motorvehicles or contracts with another person to do so, the city, shall provide ahearing procedure for the owner. For purposes of this subsection, thedefinitions in G.S. 20‑219.9 apply.
(1) If the city operatesin such a way that the person who tows the vehicle is responsible forcollecting towing fees, all provisions of Article 7A, Chapter 20, apply.
(2) If the city operatesin such a way that it is responsible for collecting towing fees, it shall:
a. Provide by contractor ordinance for a schedule of reasonable towing fees,
b. Provide a procedurefor a prompt fair hearing to contest the towing,
c. Provide for anappeal to district court from that hearing,
d. Authorize release ofthe vehicle at any time after towing by the posting of a bond or paying of thefees due, and
e. Provide a saleprocedure 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 isless than the amount of the lien, the city may destroy it.
(e) Repealed by SessionLaws 1983, c. 420, s. 13.
(f) No person shall beheld to answer in any civil or criminal action to any owner or other personlegally entitled to the possession of any abandoned, lost, or stolen motorvehicle for disposing of the vehicle as provided in this section.
(g) Nothing in thissection shall apply to any vehicle in an enclosed building or any vehicle onthe premises of a business enterprise being operated in a lawful place andmanner if the vehicle is necessary to the operation of the enterprise, or toany vehicle in an appropriate storage place or depository maintained in alawful place and manner by the city.
(h) Repealed by SessionLaws 1983, c. 420, s. 13, effective July 1, 1983. (1965, c. 1156; 1967, cc.1215, 1250; 1971, c. 698, s. 1; 1973, c. 426, s. 50; 1975, c. 716, s. 5; 1983,c. 420, ss. 11‑13; 1997‑456. s. 27; 2005‑10, ss. 1, 3; 2006‑15,s. 1; 2006‑166, s. 2; 2006‑171, s. 1; 2007‑208, s. 1; 2009‑97,s. 1.)