Sec. 17-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) Abandoned junk motor vehicle means an abandoned motor vehicle that:

(1) Is partially dismantled or wrecked; or

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

(3) Is more than five (5) years old and worth less than one hundred dollars ($100.00); or

(4) Does not display a current license plate.

(b) Abandoned vehicle means any vehicle:

(1) Left upon a street or highway in violation of the law or ordinance regulating or prohibiting parking; or

(2) Left on property owned or operated by the city for a period of not less than twenty-four (24) hours;

(3) Left on any street or highway for longer than seven (7) days; or

(4) Left on private property without the consent of the owner, occupant or lessee thereof for longer than two (2) hours.

(c) Junked motor vehicle means a vehicle 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 in which it originally was intended to move; or

(3) Is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00).

(d) Trailers. For purposes of implementation of this section, trailers are motor vehicles and vehicles as defined by G.S. § 20-4.01(23) and (49) respectively.

(Code 1961, §§ 13-20(d), 13-21(a); Ord. No. 94-100, § 1, 9-29-94; Ord. No. 00-219, § 7, 12-5-00)

State law references: Similar provisions, G.S. § 160A-303(b).

Sec. 17-52. Exemptions.

This article does not apply to 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.

(Code 1961, § 13-21.3)

State law references: Similar provisions, G.S. § 160A-303(g).

Sec. 17-53. Civil, etc., liability.

No person shall be held to answer in 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 1961, §§ 13-20(d), 13-21(e))

State law references: Similar provisions, G.S. § 160A-303(f).

Sec. 17-54. Abandonment prohibited.

It shall be unlawful for any person to abandon any motor vehicle under such circumstances as to cause it to be an abandoned vehicle or abandoned junk motor vehicle on any public street, public property or private property.

(Code 1961, § 13-21.1(a))

State law references: Authority to so provide, G.S. 160A-303(a).

Sec. 17-55. Removal generally.

(a) Whenever any motor vehicle is abandoned on the public streets or public grounds, or is abandoned upon privately owned property without the permission of the owner, lessee, or occupant thereof, any such vehicle may be removed by or under the direction of a law enforcement officer or the inspector of buildings to a city-authorized storage garage or area, provided that no such vehicle shall be removed from privately owned premises without the written request or permission of the owner, lessee or occupant thereof unless the same has been declared to be a health, safety or fire hazard by either the health officer or the building inspector. When such vehicle is removed from privately owned property, the person at whose request such vehicle is removed may be required to pay or otherwise indemnify the city for any expenses incurred by reason of its removal and storage. Notice of each removal shall be given to the owner of the vehicle as promptly as possible in accordance with the procedure below. The owner of such vehicle, before obtaining possession thereof, shall pay to the city all reasonable costs incidental to the removal, storage and locating the owner of the vehicle.

(b) Whenever any junked motor vehicle, as defined under section 17-51 is left on the public streets or public grounds, or is left upon privately owned property without the permission of the owner, lessee or occupant thereof, it shall constitute a violation of this article, and any such vehicle may be removed by or under the direction of a law enforcement officer or the inspector of buildings or his designee to a storage garage or area; provided, that no such vehicle shall be removed from privately owned premises without the written request or permission of the owner, lessee or occupant thereof except as follows:

(1) The vehicle has been declared to be a health, safety or fire hazard by either the health officer or the building inspector or his designee; or

(2) Upon investigation, the inspector of buildings or his designee makes a finding, in writing, that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:

a. Protection of property values;

b. Promotion of tourism and other economic development opportunities;

c. Indirect protection of public health and safety;

d. Preservation of the character and integrity of the community; and

e. Promotion of the comfort, happiness, and emotional stability of area residents.

(c) In determining whether there is an indirect protection of public health and safety, the inspector of buildings or his designee may take into consideration that the vehicle is found to be:

(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests; or

(2) A point of heavy growth of weeds or other noxious vegetation over twelve (12) inches in height; or

(3) A point of collection of pools or ponds of water; or

(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor; or

(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.; or

(6) So situated or located that there is a danger of it falling or turning over; or

(7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; or

(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass.

(d) It shall be unlawful for the registered owner or person entitled to the possession of an abandoned vehicle or junked motor vehicle, or for the owner, lessee or occupant of the real property upon which an abandoned vehicle or junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.

(e) When a junked motor vehicle is removed from privately owned property, the person who has requested such vehicle to be removed may be required to pay or otherwise indemnify the city for any expenses incurred by reason of its removal, storage or sale thereof.

(Code 1961, §§ 13-20(a), 13-21(b), 13-21.1(b); Ord. No. 94-100, § 2, 9-29-94)

State law references: Removal authorized, G.S. § 160A-303(c).

Sec. 17-55.1. Penalties for violations.

Any person who violates any provision of this article shall be subject to assessment of a civil penalty in the amount of twenty-five dollars ($25.00) for the first violation, fifty dollars ($50.00) for the second violation, one hundred dollars ($100.00) for the third violation, and two hundred dollars ($200.00) for the fourth and each succeeding violation. The enforcement of civil penalties levied hereunder shall be in accordance with the procedures set out in sections 30-8-5.1 through 30-8-5.6 of the Greensboro Code of Ordinances.

(Ord. No. 94-100, § 3, 9-29-94)

Sec. 17-56. Notice.

(a) Whenever an abandoned vehicle or abandoned junk motor vehicle with a valid registration plate or vehicle identification number is towed hereunder, the authorizing person shall notify the last-known address of the following:

(1) A description of the vehicle.

(2) The place from which the vehicle may be released.

(3) The violation.

(4) The procedure the owner must follow to have the vehicle returned to him.

(5) The procedure the owner must follow to request a probable cause hearing on the towing.

(b) If the vehicle has a state registration plate or registration, notice shall be given to the owner within twenty-four (24) hours; if the vehicle is not registered in this state, notice shall be given to the owner within seventy-two (72) hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing.

(c) Whenever a vehicle with neither a valid registration plate nor vehicle identification number is towed as provided hereunder, the authorizing person shall make reasonable effort to determine the last-known registered owner of the vehicle and to notify him of the information listed in subsection (b). Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this subsection, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least within seven (7) days before the towing actually occurred. No pretowing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public-welfare so that immediate towing was necessary.

(Code 1961, §§ 13-20(b), 13-21(c))

State law references: Similar provisions, G.S. §§ 160A-303(c), 20-219.11(a), (b).

Sec. 17-55.1. Penalties for violations.

Any person who violates any provision of this article shall be subject to assessment of a civil penalty in the amount of twenty-five dollars ($25.00) for the first violation, fifty dollars ($50.00) for the second violation, one hundred dollars ($100.00) for the third violation, and two hundred dollars ($200.00) for the fourth and each succeeding violation. The enforcement of civil penalties levied hereunder shall be in accordance with the procedures set out in sections 30-8-5.1 through 30-8-5.6 of the Greensboro Code of Ordinances.

(Ord. No. 94-100, § 3, 9-29-94)

Sec. 17-56. Notice.

(a) Whenever an abandoned vehicle or abandoned junk motor vehicle with a valid registration plate or vehicle identification number is towed hereunder, the authorizing person shall notify the last-known address of the following:

(1) A description of the vehicle.

(2) The place from which the vehicle may be released.

(3) The violation.

(4) The procedure the owner must follow to have the vehicle returned to him.

(5) The procedure the owner must follow to request a probable cause hearing on the towing.

(b) If the vehicle has a state registration plate or registration, notice shall be given to the owner within twenty-four (24) hours; if the vehicle is not registered in this state, notice shall be given to the owner within seventy-two (72) hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing.

(c) Whenever a vehicle with neither a valid registration plate nor vehicle identification number is towed as provided hereunder, the authorizing person shall make reasonable effort to determine the last-known registered owner of the vehicle and to notify him of the information listed in subsection (b). Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this subsection, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least within seven (7) days before the towing actually occurred. No pretowing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public-welfare so that immediate towing was necessary.

(Code 1961, §§ 13-20(b), 13-21(c))

State law references: Similar provisions, G.S. §§ 160A-303(c), 20-219.11(a), (b).

Sec. 17-57. Hearing.

(a) The owner or any other person entitled to claim possession of the vehicle towed pursuant to this article may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the code enforcement officer, and he shall set the hearing within seventy-two (72) hours of receiving the request. The owner and the person who requested the hearing, if someone other than the owner, shall be notified of the time and place of the hearing.

(b) The owner and any other interested parties may present evidence at the hearing.

(c) The only issue at this hearing is whether or not probable cause existed for the towing. If the city code enforcement officer finds that probable cause did exist, the lien continues. If the city code enforcement officer finds that probable cause did not exist, the lien is extinguished.

(d) Any aggrieved party may appeal the code enforcement officer's decision to district court by filing appropriate judicial pleadings.

(e) The hearing procedure shall be adopted and approved by the city manager, and a copy shall be placed on file in the office of the city clerk and the code enforcement officer.

(f) At any stage in the proceedings, including before the probable cause hearing, the owner or other person entitled to possession may obtain possession of the vehicle by:

(1) Paying the towing fee and costs incident to such fee; or

(2) Posting a bond for double the amount of the towing fee.

(Code 1961, §§ 13-20(b), 13-21(c))

State law references: Hearing required, G.S. § 160A-303(d).

Sec. 17-58. Sales, etc., of impounded vehicles.

(a) Should the owner of a motor vehicle impounded under this article fail or refuse to pay the costs provided for in section 17-55 or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made by a law enforcement officer or the code enforcement officer, and after notice as described herein to him at last-known address and to the holder of any lien of record in the office of the division of motor vehicles, the code enforcement officer or a designated law enforcement officer may alter holding the vehicle thirty (30) days, dispose of the same by public sale after proper notice, and the proceeds from the sale shall be forwarded to the city treasurer.

(b) Notice of public sale, whenever required in this section, shall include:

(1) The name and address of the person having legal title and of any lienholder to the vehicle.

(2) The name of the person with whom the city has dealt, if different.

(3) A description of the vehicle.

(4) The amount due.

(5) The place, date and time of the sale.

(c) The notice shall, not less than twenty (20) days prior to sale, be:

(1) Sent to the division of motor vehicles.

(2) Mailed to the person having legal title and to the person with whom the city dealt, if different, and to each lienholder.

(3) Posted at the courthouse in the county where the sale is to be held.

(4) Published once a week for two (2) consecutive weeks in a newspaper of general circulation with the date of the last publication being not less than five (5) days prior to sale. The notice of sale need not be published if the vehicle has a market value of less than three thousand five hundred dollars ($3,500.00), as determined by the schedule of values adopted by the Commissioner of Motor Vehicles under G.S. 105-187.3.

(d) Failure of the person having legal title to, or a lien on, the vehicle to request a hearing as provided in this article or to appear at any sale as provided in this section, shall be deemed to have waived any objection to the sale.

(e) The city treasurer shall pay the costs of removal, storage, investigation as to ownership and sale, and liens, in that order. The remainder of the proceeds of the sale, if any, be paid to the registered owner or held by the city for sixty (60) days if the registered owner cannot be located with reasonable diligence. If the owner does not claim the remainder of the proceeds within sixty (60) days after the sale, the funds shall be deposited in the city's general fund and the owner's rights therein shall be forever after extinguished. When it receives the city's bill of sale from a purchaser or other person entitled to receive any vehicle disposed of as provided in this article, the division of motor vehicles shall issue a certificate of title for the vehicle as required by law.

(f) Whenever any abandoned motor vehicle or abandoned junk motor vehicle is removed from public or private property as provided in this article in order to defray the costs of towing, storage, publication and administrative services, the owner of the vehicle shall pay a fee of one hundred seventy-five dollars ($175.00) if such owner claims the vehicle prior to advertising for public auction; a fee of two hundred dollars ($200.00) shall be paid for release of the vehicle if it has already been advertised for public auction.

(g) Whenever any such vehicle shall remain unsold for a period of thirty (30) days from and including the day when the same shall have been delivered under the direction of any municipal officer charged with the keeping or sale of the same, any such vehicle may be destroyed, removed or otherwise disposed of by such municipal officer.

(Code 1961, §§ 13-20(c), 13-21.1; Ord. No. 89-39, § 1, 3-6-89; Ord. No. 92-30, § 1, 3-16-92; Ord. No. 97-5, § 1, 1-7-97; Ord. No. 00-219, § 8, 12-5-00; Ord. No. 01-148, § 2, 6-5-01)

State law references: Sale, etc., G.S. § 160A-304(d).

Sec. 17-59. Disposition of junk vehicles with owner's consent.

A law enforcement officer or the inspector of buildings may, with the consent of the owner of a vehicle, remove and dispose of any motor vehicle as a junk motor vehicle regardless of the value, condition or age of such vehicle and without compliance with the notice, hearing or sale procedures in this article.

(Code 1961, § 13-21(d))