Madison Park

Junk Vehicles

Only one allowed and it must be covered and in rear of property

ARTICLE III. REMOVAL AND DISPOSITION OF ABANDONED VEHICLES, HAZARDOUS VEHICLES AND JUNKED MOTOR VEHICLES*
Important Notice
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*Cross references: Motor vehicles and traffic, ch. 14.
State law references: Removal and disposal of junked and abandoned motor vehicles by municipalities, G.S. 160A-303; regulation of abandonment of junked motor vehicles, G.S. 160A-303.2.

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Sec. 10-271. Administration.
The code enforcement division of the city's neighborhood development key business unit shall be responsible for the administration and enforcement of this article. Nothing in this article shall be construed to limit the legal authority of the officers of the city's police department to enforce ordinances and carry out their other duties.
(Code 1985, § 10-136)

Sec. 10-272. Definitions.
The following words, terms and phrases, and their derivatives, 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 vehicle that is left:
(1) On any public street or highway for longer than seven days but has not been towed and impounded in accordance with chapter 14, article II, division 2;
(2) On property owned or operated by the city for longer than 24 hours; or
(3) On private property without the consent of the owner, occupant, or lessee thereof for longer than two hours.
Code enforcement division means the manager and employees duly authorized by the neighborhood development key business executive to carry out the provisions of this article or the authorized agents of the manager of the code enforcement division.
Division means the neighborhood development code enforcement division.
Hazardous motor vehicle means any motor vehicle on private or public property that is declared to be a health or safety hazard by a duly authorized neighborhood development code enforcement division employee when the vehicle is found to be:
(1) A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other pests;
(2) A point of weed growth and/or other vegetation over 12 inches in height;
(3) A point of collection for pools or ponds of water;
(4) A point of concentration of gasoline, oil or other flammable or explosive materials;
(5) So located that there is a danger of the vehicle falling or turning over;
(6) A place in which debris, bottles or other solid waste is discarded and is present within the vehicle;
(7) A source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass or other rigid materials; or
(8) The creation of another similar condition or circumstance which exposes the general public to safety or health hazards.
Highway means, pursuant to G.S. 20-4.01(13), the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.
Junked motor vehicle means a vehicle that does not display a current and valid license plate lawfully upon that vehicle and that:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner which it originally was intended to move; or
(3) Is more than five years old and appears to be worth less than $100.00.
Manager means the manager of the neighborhood development division or his designated agent.
Motor vehicle means all machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
Owner means an individual, firm, partnership, association, corporation, governmental agency, or any combination thereof, holding and presenting the legal certificate of title to the particular vehicle.
(Code 1985, § 10-137)
Cross references: Definitions generally, § 1-2.

Sec. 10-273. Abandoned vehicles.
It shall be unlawful for any person to leave a vehicle:
(1) On any public street or highway longer than seven days;
(2) On property owned or operated by the city for longer than 24 hours; or
(3) On private property without the consent of the owner, occupant or lessee thereof for longer than two hours.
(Code 1985, § 10-138)

Sec. 10-274. Hazardous vehicles.
It shall be unlawful for the owner of a motor vehicle or for the owner, lessee or occupant of the real property upon which the motor vehicle is located to leave or allow to remain on the property any motor vehicle which is a hazardous motor vehicle.
(Code 1985, § 10-139)

Sec. 10-275. Junked motor vehicles.
(a) Purpose. G.S. 160A-303.2 authorizes the city to regulate and to prohibit junked motor vehicles on public grounds and on private property. Pursuant to that authority, the city council finds that such regulation, restraint or prohibition is necessary and desirable to promote or enhance the:
(1) Quality of urban attractiveness and the aesthetic appearance of the city.
(2) Protection of property values throughout the city.
(3) Preservation of the livability and the attractiveness of neighborhoods.
(4) Promotion of tourism, conventions and other opportunities for economic development for the city.
(5) Attractiveness of the city's thoroughfares and commercial roads which present the primary, public visibility to visitors and to passersby of the city.
(6) Promotion of the comfort, happiness and emotional stability of the occupants of property in the vicinity of junked motor vehicles.
(b) Determination. A junk motor vehicle is defined in section 10-272. In determining whether a vehicle constitutes a junked motor vehicle, a neighborhood development division officer, in applying the specific criteria in the definition of the term "junked motor vehicle," shall take into consideration, but not be limited to, whether the vehicle has a valid inspection decal as evidence of the stationary character of the vehicle, whether the tires, wheels and other essential parts of the vehicle are present for the operation of the vehicle, flat tires, removed parts, the condition of the exterior or any other specific evidence that would support a finding that the vehicle violates this section. If such a determination is made, then the inspector shall state that basis in writing.
(c) Unlawful acts.
(1) It shall be unlawful to have more than one junked motor vehicle on the premises of public or private property; and that single, permitted junked motor vehicle must strictly comply with the locational and concealment requirements of this section.
(2) It shall be unlawful for anyone to fail to comply with the locational requirements or the concealment requirements of this section.
(d) Permitted concealment or enclosures.
(1) One junked motor vehicle. One junked motor vehicle in its entirety can be located in the rear yard, as defined by the city's zoning ordinance (appendix A to this Code), if the junked motor vehicle is entirely concealed by an acceptable canvas covering.
The neighborhood development code enforcement division has the authority to determine whether any junked motor vehicle is adequately concealed as required by this subsection (d)(1). A canvas covering must remain in good repair and must not be allowed to deteriorate. The canvas covering or enclosure must be compatible with the objectives stated in subsections (a)(1) through (a)(6) of this section.
(2) More than one junked motor vehicle. Any other junked motor vehicle must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle cannot be seen from a public street or abutting property. The term "garage or building structure" means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and has been constructed in accordance with all zoning and building code regulations.
(Code 1985, § 10-140)

Sec. 10-276. Notice prior to removal; pretow notice.
(a) Any junked, abandoned or hazardous motor vehicle found to be in violation of this article may be removed to a storage area. Such motor vehicle shall be towed after notice is provided by the division by posting a warning notice on the vehicle. Such notice shall be affixed to the windshield or some other conspicuous place on the vehicle. The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed to the vehicle, unless the vehicle is brought into compliance by the owner or legal possessor prior to that time.
(b) The requirement that notice be affixed to an abandoned, hazardous or junked motor vehicle at least seven day prior to removal may 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.
(Code 1985, § 10-141)

Sec. 10-277. Posttow notice and probable cause hearing.
(a) When an abandoned, junked, or hazardous motor vehicle is removed, the city shall give notice to the registered owner as required by G.S. 20-219.11 (a) and (b). Such notice shall inform the owner of his right to a probable cause hearing.
(b) The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. Such request must be made to the manager of the neighborhood development code enforcement division by registered or certified mail (or by hand delivery) within ten days from the date of receipt of the notice referred to in subsection (a) of this section. Failure to notify the manager of the neighborhood development code enforcement division, as provided by this section, shall be deemed a waiver of the right to a hearing. The owner and any other person who requested the hearing, if someone other than the owner, shall be notified of the time and place for the hearing, the specific grounds for the classification of the vehicle as an abandoned vehicle, a junked vehicle, or a vehicle declared to be a health or safety hazard, the rules and regulations for the hearing, the opportunity to present evidence, and the right to have counsel present at the hearing.
(c) The neighborhood development key business executive or his designee shall serve as the hearing officer, shall conduct the hearing in accordance with the procedures stated in this section, and shall prepare a written report within five days of the hearing stating his conclusion concerning whether the vehicle was in violation of this article and the reasons and evidence upon which the conclusion has been based.
(d) The written report of the hearing officer shall determine that the vehicle shall either be disposed of in accordance with this article or be immediately returned to the registered owner. If the hearing officer determines that the vehicle was not in violation of this article, then it must be immediately returned to the registered owner and the owner not be charged with the cost of the removal expenses. A copy of the hearing officer's report shall be mailed to the registered owner and the original report shall be filed in the division.
(e) The owner, the person who requested the hearing if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing.
(f) The owner, the tower, the person who authorized the towing and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(g) The only issue at this hearing is whether or not probable cause existed for the towing. If the hearing officer finds that probable cause did exist, the charge for towing and storage continues. If the hearing officer finds that probable cause did not exist, the charge for towing and storage is rescinded.
(h) Any aggrieved party may appeal to district court from that hearing within 33 calendar days after the date of the report of the hearing officer, but not thereafter.
(Code 1985, § 10-142)

Sec. 10-278. Removal of vehicle reclamation; indemnity.
(a) The division shall have the authority to remove or enter into a contract to have removed abandoned, junked or hazardous motor vehicles, after notice in compliance with section 10-276, to a storage garage or area.
(b) When any junked motor vehicle, abandoned motor vehicle, or hazardous motor vehicle is removed, the neighborhood development code enforcement division shall provide in its notice the information required by G.S. 44A-4(f), 20-114(c) and 44A-4(c). An individual reclaiming a towed vehicle shall make payment for the costs of removal and storage at the collections division of the city's finance department. When an individual presents payment to reclaim a vehicle, the finance department shall not accept such payment until and unless the individual signs a form that states that the individual understands that the vehicle must be removed on the release date shown on the receipt. If the individual wishes to pay for additional days of storage beyond the date of payment, then the individual shall be permitted to do that and such payment for additional days shall be nonrefundable. An individual shall not be permitted to reclaim a vehicle after the release date shown on the receipt. If an individual has not reclaimed the vehicle by the release date, then the individual shall have to return to the collections division and make further payment for the days of storage beyond the release date shown on the receipt. Upon presentation of a paid receipt from the collections division and a registration card or proof of title to a towing contractor with the city by an individual, the towing contractor shall be authorized to release the motor vehicle to that person if the individual is reclaiming the vehicle on or before the release date shown on the paid receipt.
(c) Indemnity. A person requesting the city to remove a junked, abandoned, or hazardous motor vehicle from private property shall indemnify the city against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(Code 1985, § 10-143)

Sec. 10-279. Disposition of vehicles.
(a) The city shall have the authority to authorize the disposition of abandoned motor vehicles, junked motor vehicles, and hazardous motor vehicles by a sales procedure as provided in G.S. 44A-4(c) and, as applicable, G.S. 44A-5 and 44A-6, except that no hearing in addition to a 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 city may authorize the destruction of the vehicle.
(b) The neighborhood development code enforcement division shall have the authority to authorize the disposition of a motor vehicle immediately if the owner of the vehicle signs a consent form authorizing the neighborhood development code enforcement division to sell or to dispose of the vehicle immediately without complying with any statutory requirements pertaining to the disposition of such vehicles.
(Code 1985, § 10-144)

Sec. 10-280. Protection against criminal and civil liability.
No person shall be held to answer to any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned, lost or stolen vehicle, for disposing of such vehicle as provided in this article.
(Code 1985, § 10-145)

Sec. 10-281. Exceptions.
This article shall not apply to:
(1) 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 city. The term "lawful place and manner" shall include, but not be limited to, strict compliance with the city's zoning ordinance. The phrase, "a vehicle" is necessary to the operation of a business enterprise" means, but is not limited to, the clear, active use or involvement of the vehicle in the operation of the business enterprise. Mere storage or idle standing of a vehicle does not constitute a vehicle necessary to the operation of the business enterprise.
(2) A motor vehicle kept or stored at a bona fide automobile graveyard or junkyard, as defined in G.S. 136-141 et seq.
(Code 1985, § 10-146)

Sec. 10-282. Administrative search and inspection warrants.
The neighborhood development code enforcement division is authorized to secure an administrative search and inspection warrant, as provided by G.S. 15-27.2, in order to conduct any necessary inspection of the premises on which an abandoned motor vehicle, junked motor vehicle, or hazardous motor vehicle may be located and to obtain evidence to determine whether there is any violation of any provisions of this article.
(Code 1985, § 10-147)