CHAPTER 6

ORDINANCE NO. 272

nUISANCE ORDINANCE

Article

I. IN GENERAL …………………………………………………………………………….. Page 1

II. NUISANCES ……………………………………………………………………………… Page 1

III. ENFORCEMENT ………………………………………………………………………… Page 14

ARTICLE I: IN GENERAL

Section

1-1 State Law Reference
1-2 Repeal of Older Ordinances, Severability

§1-1 STATE LAW REFERENCE.

Pursuant to authority granted by G.S. §§ 160A-174 and 160A-193, the Town Board of Aldermen enacts the following provisions in order to define, prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the corporate limits of the Town and define and abate nuisances.

§ 1-2 REPEAL OF OLDER ORDINANCES, SEVERABILITY

The following provisions shall supersede Ordinance numbers 12, 14 and 18 of the Town of Maggie Valley adopted July 4, 1977, July 16, 1977 and May 9, 1978 respectively and those Ordinances are hereby repealed. If any provision, or any portion thereof, contained in this Ordinance is held to be unconstitutional, invalid or unenforceable, the remainder of this Ordinance, or portion thereof, shall not be effected and shall remain in full force and effect.

ARTICLE II: NUISANCES

Division 1 Generally

[Reserved]

Division 2 Weeds, Wild Growth, Rubbish

Section

2-1                            Purpose
2-2                            Conditions constituting public nuisances
2-3                             Enforcement authority
2-4                             Notice of unlawful conditions and hearing
2-5                             Service of notice of unlawful conditions and hearing
2-6                             Abatement hearing, statement of findings and order of abatement
2-7                             Town may proceed with criminal action
2-8                             Appeal

Division 3 Nuisance Vehicles

3-1                             Administration
3-2                             Definitions
3-3                             Enforcement
3-4                             Creation of lien

Division 4 Regulating Abandonded and Junked Vehicles

4-1                            Administration
4-2                            Definitions
4-3                            Vehicles exempt from section
4-4                            Abandonment of vehicle prohibited
4-5                            Keeping on private property prohibited without consent of the owner, lessee or occupant of the                              premises
4-6                             Removal from private property at request of owner, occupant or lessee.
4-7                            Removal of abandoned or junked motor vehicles; pre-towing notice requirements
4-8                            Exceptions to prior notice requirement
4-9                            Removal of vehicles; post-towing notice requirements
4-10                           Right to probable cause hearing before sale or final disposition of vehicle
4-11                           Redemption of vehicle during proceedings
4-12                           Schedule of towing fees
4-13                           Schedule of storage fees
4-14                           Collection of fees
4-15                           Creation of liens; enforcement
4-16                           Additional remedies available

Division 5 Removal and Disposition of Junked Motor Vehicles

5-1                           Administration
5-2                           Definitions
5-3                           Junked motor vehicles regulated; removal authorized
5-4                           Removal of junked motor vehicles; pre-towing notice requirements
5-5                           Removal of vehicles; post-towing notice requirements
5-6                           Right to probable cause hearing before sale or final disposition of vehicle
5-7                           Redemption of vehicle during proceedings
5-8                            Schedule of towing fees
5-9                            Schedule of storage fees
5-10                         Collection of fees
5-11                         Creation of liens; enforcement
5-12                          Vehicles exempt from sections
5-13                         Additional remedies available

DIVISION 1 GENERALLY

[Reserved]

DIVISION 2 WEEDS, WILD GROWTH, RUBBISH

§ 2-1 PURPOSE

§ 2-2 CONDITIONS CONSTITUTING PUBLIC NUISANCES.

It is hereby found that there are within the corporate limits of the Town the following enumerated and described conditions and the same are hereby found, deemed and declared to constitute public nuisances wherever the conditions may exist and the creation, maintenance, or failure to abate such public nuisances is hereby declared unlawful.

(A) The uncontrolled growth of noxious weeds, noxious weeds and grass or noxious weeds and other vegetation to a height in excess of 18 inches within 25 feet of a public street, highway or alley, or within 25 feet of a property line of an adjoining developed property.

(B) The accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind on a parcel of land not larger than two acres and within 100 feet of a property line of an adjoining developed property.

(C) The collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind in an open space.

(D) The accumulation of rubbish, trash, junk or combustible items, causing or threatening to cause the accumulation of stagnant water or causing or threatening to cause the inhabitance therein of mosquitoes, harmful insects, rats, mice, snakes or vermin of any kind.

(E) The open storage of any icebox, refrigerator, stove, water heater, freezer, other similar large appliances, glass, scrap building materials, building rubbish, debris or similar items.

(F) The obstruction of public streets, highways or alleys.

(G) The accumulation of yard waste, dead trees, fallen trees, sections of tree trunks, tree limbs or tree stumps not removed within 30 days after it has acquired a situs on the property. This shall not apply to accumulations of less than two cubic yards or to natural accumulations on vacant parcels of land when such parcels are larger than two acres and such natural accumulation is not within 50 feet of any property line of adjoining developed property.

(H) Conditions that block, hinder, or obstruct in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains.

(I) Conditions that injure or cause discomfort to the community at large, endanger life, generate disease, and have a detrimental affect on the public health, safety and welfare.

§ 2-3 ENFORCEMENT AUTHORITY.

It shall be the duty of the Zoning Enforcement Officer to enforce all of the provisions of this article unless otherwise specified by the ordinance, and to make all necessary inspections necessary to determine whether or not the provisions of this article are being met.

§ 2-4 NOTICE OF FINDINGS AND ORDER OF ABATEMENT.

(A) If the Zoning Enforcement Officer finds that conditions constituting a public nuisance exist on a parcel of real property, the Officer shall issue a written notice of findings and an order of abatement to the owner of the property and any other party in interest that shall:

(1) Set out what conditions the Officer has found existing on such property that constitute a public nuisance; and

(2) Order the abatement of such conditions within 20 days of the date of the notice of findings and order of abatement. When the term "owner" is used in this division, "owner" shall include the owner and any party having a legal or equitable interest in such property.

(B) The notice required by this section shall state what conditions exist on the property and the reasons why the conditions may constitute a violation of this article. The notice shall further state that a hearing will be held before the Town Manager at a date, time and place fixed therein, which date shall not be less than 15 days nor more than 30 days from the date of the notice, provided, that if the Zoning Enforcement Officer, or his designee shall determine that the unlawful condition is such that it is of imminent danger or peril to the public health or safety, then any authorized Town representative may, without notice, proceed to abate the unlawful condition. The cost of abatement of an imminent danger or peril to the public health or safety shall be charged against the property as is provided in § 2-6.

(C) The notice shall further state that the owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence at the hearing or to request an extension of time to abate the conditions. Any person desiring to do so may attend such hearing and give evidence relevant to the conditions then existing in the property.

§ 2-5 SERVICE OF NOTICE OF UNLAWFUL CONDITIONS AND HEARING.

(A) The owner of the subject property shall be notified by personal service of the notice or by registered or certified mail, return receipt requested. If such owner cannot be personally served and/or refuses to accept the notice by registered mail of the violation, then the notice shall be posted on the property in a conspicuous place and visible from the public street, highway or alley. If the name of the owner cannot be ascertained then the notice shall be served on any person in possession of the subject property, or if there is no person in possession of the property, by posting the notice on the subject property. If any such property is owned by a corporation, the notice shall be served upon the registered agent or, in the absence thereof, notice shall be served upon the corporation.

(B) Any notice required to be posted may be posted by any authorized representative of the Town.

§ 2-6 ABATEMENT HEARING, STATEMENT OF FINDINGS AND ORDER OF ABATEMENT.

(A) If the Town Manager finds that conditions constituting a public nuisance exist on the property, the Town Manager shall issue a written statement of findings and order of abatement which shall: set out what conditions the Town Manager has found existing on the property that constitute a public nuisance; and which shall order the abatement of such conditions within 20 days of the date of the statement of findings and order of abatement.

(B) If the owner, having been ordered to abate such a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within 20 days from the date of said order, the Town Manager shall cause said condition to be removed or otherwise remedied by having employees of the Town or private contractor to go upon said premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the Town Manager. Any person who has been ordered to abate a public nuisance may within the time allowed by this division request the Town in writing to remove such condition, the cost of which shall be paid by the person making such request.

(C) Upon the completion of such removal and abatement, the Zoning Enforcement Officer, or his designee, shall deliver to the Town Tax Collector a statement showing the actual cost of the abatement of the unlawful condition, according to the fee schedule adopted by Town Board of Aldermen. The Tax Collector shall thereupon mail to the owner of the subject property a bill covering the cost and the amount of the bill shall become a lien upon the subject property and, if not paid within thirty (30) days shall be collected as in the same manner provided for the collection of delinquent taxes.

§ 2-7 TOWN MAY PROCEED WITH CRIMINAL ACTION.

The procedure set forth in this division shall be in addition to any other remedies that exist under law for the abatement of public nuisances, and this division shall not prevent the Town from proceeding in a criminal action against any person violating the provisions of this division as provided in G.S. § 14-4.

§ 2-8 APPEAL.

Within the 20-day period mentioned in § 2-6 (A), the owner of the property or other party in interest where the nuisance exists may appeal the finding and order of abatement to the Town Board of Aldermen by giving written notice of appeal to the Town Clerk and such appeal shall stay the abatement of nuisances by the Town until a final determination by the Town Board of Aldermen is made. If no appeal is taken, the Town may proceed to abate the nuisance.

DIVISION 3 NUISANCE VEHICLES

§ 3-1 ADMINISTRATION.

The Zoning Enforcement Officer shall be responsible for the removal, abatement or remedy of nuisance vehicles.

§ 3-2 DEFINITIONS.

(A) A NUISANCE VEHICLE is a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful by the Town Board of Aldermen.

(B) A vehicle is determined and declared to be a health or safety hazard, a public nuisance, and unlawful if such vehicle is:

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

(2) A point of heavy growth of weeds or other noxious vegetation over eight 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 other evidence; or

(5) One which has areas of confinement which cannot be operated from the inside of such area, 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 that has sharp parts thereof, which are jagged or contain sharp edges of metal or glass.

§ 3-3 ENFORCEMENT.

(A) The Zoning Enforcement Officer shall notify the owner of the premises upon which a nuisance vehicle is found that the owner of said premises is in violation of this division.

(B) The Zoning Enforcement Officer shall notify such owner by certified mail, registered mail or by personal services as by law provided, which notification shall be in writing and shall contain:

1) A brief statement of why the vehicle is a nuisance, citing the appropriate subsection or subsections of his division.

2) A statement that the keeping of such vehicle on the owner's premises is unlawful.

3) A request that the owner of the premises voluntarily remove, abate or remedy the nuisance within 30 days of the mailing or service of the notice.

(4) A statement advising the owner that if the nuisance vehicle is not removed, abated or remedied, the Town will take appropriate legal action to remove, abate or remedy the nuisance and that the expense of such action shall be paid by the owner of the premises, and if not paid, the expense shall be a lien upon the premises.

(C) If the owner of the premises fails to voluntarily remove, abate or remedy the nuisance within the 30-day period provided for in subsection B., the Zoning Enforcement Officer shall conduct a hearing to determine if the owner of the premises should be ordered to remove, abate or remedy the nuisance and shall give the owner of the premises written notice of hearing by certified mail, registered mail or personal service as by law provided, which notice of hearing shall be in writing and shall contain:

(1) A brief statement describing the vehicle and stating why it is a nuisance vehicle including a citation if the appropriate subsection or subsections of this division together with a brief description of the remises upon which it is located.

(2) A statement that a hearing will be held before the Zoning Enforcement Officer at a designated place, date and time which date shall be not less than 15 days or more than 30 days from the date of the mailing or service of the notice of hearing.

(3) A statement that the owner has a right to appear at the hearing, be represented by counsel and offer evidence in the enforcement proceeding.

(D) Within five days of the conclusion of the hearing, the Zoning Enforcement Officer shall enter a written order in the enforcement proceeding which order shall either:

(1) Contain a finding that the vehicle is not a nuisance vehicle; or

(2) Order the owner to remove, abate or remedy the nuisance within 30 days following the date of the service of the order upon the owner by certified mail, registered mail or personal service as by law provided.

(E) In the event the owner fails to remove, abate or remedy the nuisance as ordered, the Zoning Enforcement Officer shall notify the Town Board of Aldermen of the owner's failure or refusal to comply with the order to remove, abate or remedy said nuisance.

(F) Upon receipt of the Zoning Enforcement Officer’s notice that an owner has failed to remove, abate or remedy a nuisance vehicle, the Town Board of Aldermen may direct that any appropriate legal action or proceeding be initiated to remove, abate or remedy the nuisance.

§ 3-4 CREATION OF LIEN.

In the event the Town takes action to remove, abate or remedy the nuisance, the expense of the action shall be paid by the person in default in failing to remove, abate or remedy the nuisance, and, if not paid, the said expenses shall be a lien upon the land or premises where the nuisance occurred and shall be collected as unpaid taxes.

DIVISION 4 REGULATING ABANDONED AND JUNKED VEHICLES

§ 4-1 ADMINISTRATION.

(A) The Police Department shall be responsible for the administration and enforcement of the removal and disposition of abandoned and junked motor vehicles located on public streets or highways.

(B) The Zoning Enforcement Officer shall be responsible for the administration and enforcement of the removal and disposition of abandoned and junked motor vehicles located on any other property owned or operated by the Town or on private property.

§ 4-2 DEFINITIONS.

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

ABANDONED MOTOR VEHICLE. A motor vehicle that:

(1) Has been left upon a public street or highway in violation of a law or ordinance prohibiting parking; or

(2) Is left on property owned or operated by the Town for longer than, 24 hours; or

(3) Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or

(4) Is left on any public street or highway for longer than seven days.

JUNKED MOTOR VEHICLE. An abandoned motor vehicle that also:

(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 years old and worth less than $100; or

(4) Does not display a current license plate or inspection sticker.

MOTOR VEHICLE. All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.

UPON A STREET OR HIGHWAY. The period of time when any portion of a vehicle is touching or projecting over or upon any traveled or dedicated portion of any street or highway. (G.S. § 16OA-303)

§ 4-3 VEHICLES EXEMPT FROM SECTION.

Nothing in this section shall be construed to apply to:

(A) Any vehicle in an enclosed building; or

(B) Any vehicle on the premises of a business enterprise being operated in a lawful place and manner when the vehicle is necessary to the operation of such business enterprise; or

§ 4-4 ABANDONMENT OF VEHICLE PROHIBITED.

It shall be unlawful for a person to abandon a motor vehicle on the public streets or on public or private property within the Town. Any junked or abandoned vehicle found to be in violation of this section may be removed to a storage garage or area.

§ 4-5 KEEPING ON PRIVATE PROPERTY PROHIBITED WITHOUT CONSENT OF THE OWNER, LESSEE OR OCCUPANT OF THE PREMISES.

It shall be unlawful for any person to keep a junked or abandoned vehicle on private property within the Town without the consent of the owner, lessee or occupant of the premises.

§ 4-6 REMOVAL FROM PRIVATE PROPERTY AT REQUEST OF OWNER, OCCUPANT OR LESSEE.

(A) Any junked or abandoned motor vehicle found to be in violation of § 4-5 may be removed to a storage garage or area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the Zoning Enforcement Officer has declared such vehicle to be a health or safety hazard.

(B) Any person requesting the removal of a junked or abandoned motor vehicle from private property shall indemnify the Town against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.

§ 4-7 REMOVAL OF ABANDONED OR JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS.

(A) Except as set forth in Section 4-8 below, an abandoned or junked vehicle that is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and addresse(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the Town on a specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the Town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

(B) With respect to abandoned vehicles on private property and junked motor vehicles to which prior notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is an abandoned or junked motor vehicle, such appeal shall be made to the Town Board of Aldermen in writing, heard at the next regularly scheduled meeting of the Town Board of Aldermen, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. The determination of the Town Board of Aldermen may be appealed. The appeal shall be made within ten days of the determination by the Town Board of Aldermen and shall be to the District Court of Haywood County.

§ 4-8 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.

The requirement that notice be given prior to the removal of an abandoned or junked motor vehicle may, as determined by the authorizing official, 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. Such findings shall, in all cases, be entered by the authorizing official and kept on file for inspection upon request. Circumstances justifying the removal of vehicles without prior notice include:

(A) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Town Board of Aldermen hereby determines that immediate removal of such vehicles may be warranted when they are:

(1) Obstructing traffic,

(2) Parked in violation of an ordinance prohibiting or restricting parking,

(3) Parked in a no-stopping or standing zone,

(4) Parked in loading zones,

(5) Parked in bus zones, or

(6) Parked in violation of temporary parking restrictions imposed under code sections.

(B) Other abandoned vehicles. With respect to abandoned vehicles left on Town-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress and egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.

§ 4-9 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.

(A) Any abandoned or junked motor vehicle which has been ordered removed may, as directed by the Town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the Town. Whenever such a vehicle is removed, the authorizing Town official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:

(1) The description of the removed vehicle;

(2) The location where the vehicle is stored;

(3) The violation with which the owner is charged, if any;

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

(B) The Town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (1) through (4) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent.

(C) If the vehicle is registered in North Carolina; notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of this vehicle.

(D) Whenever an abandoned or junked vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing Town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (A), (1) through (4) above.

§ 4-10 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.

After the removal of an abandoned vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. § 20-219.1 1, as amended. Any aggrieved party may appeal the magistrate's decision to district court.

§ 4-11 REDEMPTION OF VEHICLE DURING PROCEEDINGS.

At any stage in the proceedings, including before the probable cause hearing the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges with the Town. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this division.

§ 4-12 SCHEDULE OF TOWING FEES.

The fees for towing shall be as set out in the schedule of towing fees, a copy of which shall be maintained by the Town Clerk and by the Zoning Enforcement Officer.

§ 4-13 SCHEDULE OF STORAGE FEES.

The fees for storage shall be as set out in the schedule of storage fees, a copy of which shall be maintained by the Town Clerk and by the Zoning Enforcement Officer.

§ 4-14 COLLECTION OF FEES.

The Town shall be responsible for collecting towing and storage fees for a vehicle found to be in violation of this division.

§ 4-15 CREATION OF LIENS; ENFORCEMENT.

(A) The towing and storage charges provided for in §§ 4-12 and 4-13 shall be a lien upon the vehicle.

(B) The charges for which the lien is claimed under this section may be enforced by a sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days following the expiration of the time within which an appeal could have been taken or within 30 days following a final determination of the matter on appeal whichever date occurs first. If the lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. §§ 44A-4, 44A-5 and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided that if no one purchases the vehicle at the sale and/or if the value of the vehicle is less than the amount of the lien, the vehicle may be destroyed.

§ 4-16 ADDITIONAL REMEDIES AVAILABLE.

In addition to the enforcement procedures provided for in this division, the Town may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation of this division.

DIVISION 5 REMOVAL AND DISPOSITION OF JUNKED MOTOR VEHICLES

§ 5-1 ADMINISTRATION.

The Zoning Enforcement Officer shall be responsible for the administration and enforcement of this section. The Town may contract with private tow truck operators or towing businesses to remove to a designated storage garage or area junked motor vehicles in compliance with this section and applicable state laws. Nothing in this section shall be construed to limit the legal authority or powers of the Zoning Enforcement Officer or officers of the Police Department in enforcing other laws or in otherwise carrying out their duties.

§ 5-2 DEFINITIONS.

For purpose of this section, certain words and terms are defined as herein indicated:

AUTHORIZING OFFICIAL. The Zoning Enforcement Officer, or his designee, is designated to authorize the removal of vehicles under the provisions of this section.

JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 16OA-303.2 the term JUNKED MOTOR VEHICLE means a vehicle that does not display a current license plate lawfully upon that vehicle 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 years old and appears to be worth less than $100.

MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.

§ 5-3 JUNKED MOTOR VEHICLES REGULATED; REMOVAL AUTHORIZED.

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

(B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.

(C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.

(D) Subject to the provisions of subsection (E), upon investigation, the Zoning Enforcement Officer may order the removal of a junked motor vehicle as defined in this section after 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 owner or person entitled to possession 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:

(1) Protection of property values;

(2) Promotion of tourism and other economic development opportunities;

(3) Indirect protection of public health and safety;

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

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

(E) Permitted concealment of enclosure of junked motor vehicle

(1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the Town's zoning ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering.

(2) The Zoning Enforcement Officer has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering or enclosure must be compatible with the objectives stated in this ordinance.

§ 5-4 REMOVAL OF JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS.

(A) A junked vehicle that is to be removed pursuant to §56-3 shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. If the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the Town on a specified date (no sooner than seven days after the notice is affixed.) The notice shall state that the vehicle will be removed by the Town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

(B) If the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is a junked motor vehicle, such appeal shall be made to the Town Board of Aldermen in writing, heard at the next regularly scheduled meeting of the Town Board of Aldermen, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. The determination of the Town Board of Aldermen may be appealed. The appeal shall be made within ten days of the determination by the Town Board of Aldermen and shall be to the District Court of Haywood County.

§ 5-5 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.

(A) Any junked motor vehicle which has been ordered removed may, as directed by the Town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the Town. Whenever such a vehicle is removed, the authorizing Town official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:

(1) The description of the removed vehicle;

(2) The location where the vehicle is stored;

(3) The violation with which the owner is charged, if any;

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

(B) The Town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsections (1) through (4) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent.

§ 5-6 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.

After the removal of an abandoned vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the Chief of District Court Judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. § 20-219.1 1, as amended. Any aggrieved party may appeal the magistrate's decision to district court.

§ 5-7 REDEMPTION OF VEHICLE DURING PROCEEDINGS.

§ 5-8 SCHEDULE OF TOWING FEES.

The fees for towing shall be set out in the schedule of towing fees, a copy of which shall be maintained by the Town Clerk and the Zoning Enforcement Officer.

§ 5-9 SCHEDULE OF STORAGE FEES.

The fees for storage shall be as set out in the schedule of storage fees, a copy of which shall be maintained by the Town Clerk and by the Zoning Enforcement Officer.

§ 5-10 COLLECTION OF FEES.

The Town shall be responsible for collecting towing and storage fees for a vehicle found to be in violation of this division.

§ 5-11 CREATION OF LIENS; ENFORCEMENT.

(A) The towing and storage charges provided for in §§ 5-8 and 5-9 shall be a lien upon the vehicle.

(B) The charges for which the lien is claimed under this section may be enforced by a sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days following the expiration of the time within which an appeal could have been taken or within 30 days following a final determination of the matter on appeal whichever date occurs first. If the lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. §§ 44A-4, 44A-5, and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided that if no one purchases the vehicle at the sale and/or if the value of the vehicle is less than the amount of the lien, the vehicle may be destroyed.

§ 5-12 VEHICLES EXEMPT FROM SECTIONS

No motor vehicle that is used on a regular basis for business or personal use shall be removed or disposed of pursuant to §§ 5-1 through 5-11.

§ 5-13 ADDITIONAL REMEDIES AVAILABLE.

ARTICLE III: ENFORCEMENT

Section

6-1                            Enforcement
6-2                             General penalty for violation of Chapter
6-3                            Civil penalty; nonexclusive

§ 6-1 ENFORCEMENT.

In addition to any remedies hereinbefore specifically authorized by this chapter, the provisions of this chapter may be enforced by the Town by any appropriate legal or equitable remedy authorized by G.S. 160A-175, with the exception of subsection (b)

§ 6-2 GENERAL PENALTY FOR VIOLATION OF CHAPTER.

Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense.

§ 6-3 CIVIL PENALTY; NONEXCLUSIVE.

Violations of this chapter may also be punished by a civil penalty in the amount of $100 for each violation which shall be enforced as provided by G.S. 160A-175, such remedy shall be nonexclusive.

This ordinance shall be in full force and effect upon its adoption.

Adopted this 18^th day of December 2001.

______________________________

Ralph Wallace, Mayor

ATTEST:

_________________________________

Vickie Best, Clerk