§ 160A-303.2. Regulation of abandonment of junked motor vehicles.
§ 160A‑303.2. Regulation of abandonment of junked motor vehicles.
(a) A municipality mayby ordinance regulate, restrain or prohibit the abandonment of junked motorvehicles on public grounds and on private property within the municipality'sordinance‑making jurisdiction upon a finding that such regulation,restraint or prohibition is necessary and desirable to promote or enhancecommunity, neighborhood or area appearance, and may enforce any such ordinanceby removing or disposing of junked motor vehicles subject to the ordinanceaccording to the procedures prescribed in this section. The authority grantedby this section shall be supplemental to any other authority conferred uponmunicipalities. Nothing in this section shall be construed to authorize a municipalityto require the removal or disposal of a motor vehicle kept or stored at a bonafide "automobile graveyard" or "junkyard" as defined inG.S. 136‑143.
For purposes of this section,the term "junked motor vehicle" means a vehicle that does not displaya current license plate and that:
(1) Is partiallydismantled or wrecked; or
(2) Cannot be self‑propelledor moved in the manner in which it originally was intended to move; or
(3) Is more than fiveyears old and appears to be worth less than one hundred dollars ($100.00) or ismore than five years old and appears to be worth less than five hundred dollars($500.00) as provided by the municipality in an ordinance adopted under thissection.
(4) Repealed by SessionLaws 2009‑97, s. 2, effective October 1, 2009.
(a1) Any junked motorvehicle found to be in violation of an ordinance adopted pursuant to thissection may be removed to a storage garage or area, but no such vehicle shallbe 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 finds in writing that the aesthetic benefits ofremoving the vehicle outweigh the burdens imposed on the private propertyowner. Such finding shall be based on a balancing of the monetary loss of theapparent owner against the corresponding gain to the public by promoting orenhancing community, neighborhood or area appearance. The following, amongother relevant factors, may be considered:
(1) Protection ofproperty values;
(2) Promotion of tourismand other economic development opportunities;
(3) Indirect protectionof public health and safety;
(4) Preservation of thecharacter and integrity of the community; and
(5) Promotion of thecomfort, happiness, and emotional stability of area residents.
(a2) The city may requireany person requesting the removal of a junked or abandoned motor vehicle fromprivate property to indemnify the city against any loss, expense, or liabilityincurred because of the removal, storage, or sale thereof. When an abandoned orjunked motor vehicle is removed, the city shall give notice to the owner asrequired by G.S. 20‑219.11(a) and (b).
(a3) 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 aprior hearing 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.
(a4) Any person whoremoves a vehicle pursuant to this section shall not be held liable for damagesfor the removal of the vehicle to the owner, lienholder or other person legallyentitled to the possession of the vehicle removed; however, any person whointentionally or negligently damages a vehicle in the removal of such vehicle,or intentionally or negligently inflicts injury upon any person in the removalof such vehicle, may be held liable for damages.
(b) Any ordinanceadopted pursuant to this section shall include a prohibition against removingor disposing of any motor vehicle that is used on a regular basis for businessor personal use. (1983,c. 841, s. 2; 1985, c. 737, s. 2; 1987, c. 42, s. 2; c. 451, s. 2; 1989, c. 3;c. 743, s. 2; 2005‑10, ss. 2, 3; 2006‑15, s. 3; 2006‑166, s.2; 2006‑171, s. 1; 2007‑208, s. 2; 2007‑505, s. 3; 2009‑97,s. 2.)