§ 153A-132. Removal and disposal of abandoned and junked motor vehicles. - North Carolina Statutes

§ 153A‑132. Removal and disposal of abandoned and junked motor vehicles.

(a)        Grant of Power. – A county may by ordinance prohibit theabandonment of motor vehicles on public grounds and private property within thecounty's ordinance‑making jurisdiction and on county‑owned propertywherever located. The county may enforce the ordinance by removing anddisposing of abandoned or junked motor vehicles according to the proceduresprescribed in this section.

(b)        Definitions. – "Motor vehicle" includes any machinedesigned or intended to travel over land or water by self‑propulsion orwhile attached to self‑propelled vehicle.

(1)        An "abandoned motor vehicle" is one that:

a.         Is left on public grounds or county‑owned property inviolation of a law or ordinance prohibiting parking; or

b.         Is left for longer than 24 hours on property owned oroperated by the county; or

c.         Is left for longer than two hours on private propertywithout the consent of the owner, occupant, or lessee of the property; or

d.         Is left for longer than seven days on public grounds.

(2)        A "junked motor vehicle" is an abandoned motorvehicle that also:

a.         Is partially dismantled or wrecked; or

b.         Cannot be self‑propelled or moved in the manner inwhich it originally was intended to move; or

c.         Is more than five years old and appears to be worth lessthan one hundred dollars ($100.00); or

d.         Does not display a current license plate.

(c)        Removal of Vehicles. – A county may remove to a storagegarage or area an abandoned or junked motor vehicle found to be in violation ofan ordinance adopted pursuant to this section. A vehicle may not be removedfrom private property, however, without the written request of the owner,lessee, or occupant of the premises unless the board of commissioners or a dulyauthorized county official or employee has declared the vehicle to be a healthor safety hazard. Appropriate county officers and employees have a right, uponpresentation of proper credentials, to enter on any premises within the countyordinance‑making jurisdiction at any reasonable hour in order todetermine if any vehicles are health or safety hazards. The county may requirea person requesting the removal from private property of an abandoned or junkedmotor vehicle to indemnify the county against any loss, expense, or liabilityincurred because of the vehicle's removal, storage, or sale.

When an abandoned or junked motor vehicle is removed, the county shallgive notice to the owner as required by G.S. 20‑219.11(a) and (b).

(d)        Hearing Procedure. – Regardless of whether a county does itsown removal and disposal of motor vehicles or contracts with another person todo so, the county shall provide a hearing procedure for the owner. For purposesof this subsection, the definitions in G.S. 20‑219.9 apply.

(1)        If the county operates in such a way that the person whotows the vehicle is responsible for collecting towing fees, all provisions ofArticle 7A, Chapter 20, apply.

(2)        If the county operates in such a way that it is responsiblefor collecting towing fees, it shall:

a.         Provide by contract or ordinance for a schedule ofreasonable towing fees,

b.         Provide a procedure for a prompt fair hearing to contest thetowing,

c.         Provide for an appeal to district court from that hearing,

d.         Authorize release of the vehicle at any time after towing bythe posting of a bond or paying of the fees due, and

e.         Provide a sale procedure similar to that provided in G.S.44A‑4, 44A‑5, and 44A‑6, except that no hearing in additionto the probable cause hearing is required. If no one purchases the vehicle atthe sale and if the value of the vehicle is less than the amount of the lien,the county may destroy it.

(e)        and (f) Repealed by Session Laws 1983, c. 420, s. 10.

(g)        No Liability. – No person nor any county may be held toanswer in a civil or criminal action to any owner or other person legallyentitled to the possession of an abandoned, junked, lost, or stolen motorvehicle for disposing of the vehicle as provided in this section.

(h)        Exceptions. – This section does not apply to any vehicle inan enclosed building, to any vehicle on the premises of a business enterprisebeing operated in a lawful place and manner if the vehicle is necessary to theoperation of the enterprise, or to any vehicle in an appropriate storage placeor depository maintained in a lawful place and manner by the county. (1971, c. 489; 1973, c. 822, s. 1; 1975, c. 716, s. 5;1983, c. 420, ss. 8‑10; 1997‑456, s. 27.)