§ 153A-132.2. Regulation, restraint and prohibition of abandonment of junked motor vehicles. - North Carolina Statutes

§ 153A‑132.2. Regulation, restraint and prohibition of abandonment of junked motor vehicles.

(a)        A county may by ordinance regulate, restrain or prohibit theabandonment of junked motor vehicles on public grounds and on private propertywithin the county's ordinance‑making jurisdiction upon a finding thatsuch regulation, restraint or prohibition is necessary and desirable to promoteor enhance community, neighborhood or area appearance, and may enforce any suchordinance by removing and disposing of junked motor vehicles subject to theordinance according to the procedures prescribed in this section.  Theauthority granted by this section shall be supplemental to any other authorityconferred upon counties.  Nothing in this section shall be construed to authorizea county to require the removal or disposal of a motor vehicle kept or storedat a bona fide "automobile graveyard" or "junkyard" asdefined in G.S. 136‑143.

     Forpurposes of this section, the term "junked motor vehicle" means avehicle that does not display a current license plate and that:

(1)        Is partially dismantled or wrecked; or

(2)        Cannot be self‑propelled or moved in the manner inwhich it originally was intended to move; or

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

     (a1) Any junked motor vehicle found to be in violation of an ordinance adoptedpursuant to this section may be removed to a storage garage or area, but nosuch vehicle shall be removed from private property without the written requestof the owner, lessee, or occupant of the premises unless the board ofcommissioners or a duly authorized county official or employee finds in writingthat the aesthetic benefits of removing the vehicle outweigh the burdensimposed on the private property owner.  Such finding shall be based on abalancing of the monetary loss of the apparent owner against the correspondinggain to the public by promoting or enhancing community, neighborhood or areaappearance.  The following, among other relevant factors, may be considered:

(1)        Protection of property values;

(2)        Promotion of tourism and other economic developmentopportunities;

(3)        Indirect protection of public health and safety;

(4)        Preservation of the character and integrity of thecommunity; and

(5)        Promotion of the comfort, happiness, and emotional stabilityof area residents.

(a2)      The county may require any person requesting the removal of ajunked or abandoned motor vehicle from private property to indemnify the countyagainst any loss, expense, or liability incurred because of the removal,storage, or sale thereof.  When an abandoned or junked motor vehicle isremoved, the county shall give notice to the owner as required by G.S. 20‑219.11(a)and (b).

(a3)      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 prior hearing procedure for the owner.  Forpurposes of 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 city may destroy it.

(a4)      Any person who removes a vehicle pursuant to this sectionshall not be held liable for damages for the removal of the vehicle to theowner, lienholder or other person legally entitled to the possession of thevehicle removed; however, any person who intentionally or negligently damages avehicle in the removal of such vehicle, or intentionally or negligentlyinflicts injury upon any person in the removal of such vehicle, may be heldliable for damages.

     (b) Any ordinance adopted pursuant to this section shall include a prohibitionagainst removing or disposing of any motor vehicle that is used on a regularbasis for business or personal use. (1983, c. 841, s. 1; 1985, c. 737, s. 1; 1987, c. 42, s. 1, c. 451, s.1; 1987 (Reg. Sess., 1988), c. 902, s. 1; 1989, c. 743, s. 1.)