<div class="chunk-title">Sec. 62-2. - Removal of abandoned and junked vehicles.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose.</span> It is hereby found and declared that there exist abandoned and junked vehicles in
               Halifax County. These vehicles constitute a threat to the quality of life to the citizens
               of the county. The purpose of this section is to provide for the health, safety and
               general welfare to the residents of the county. The enforcement of this section will
               be on a complaint basis and through pro-active enforcement as work schedules permit.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Definitions.</span>
               </p>
            		
            <p class="p0">
               <span class="ital">Abandoned motor vehicle</span> means a motor vehicle that:
               
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                  (1)
                  </p>
               		
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                  Has been left upon a street or highway in violation of the law;
                  </p>
               		
               
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                  (2)
                  </p>
               		
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                  Is left without the consent of the owner on property owned or operated by the county
                  for longer than 24 hours;
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  Is left on private property without the consent of the owner, occupant or lessee thereof
                  for longer than two hours; or
                  </p>
               		
               
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                  (4)
                  </p>
               		
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                  Is left on any public street or highway for longer than seven days.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Junk yard</span> means an establishment for storing, keeping, buying or selling junk. "Junk" shall
               be defined as old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber
               or discarded, dismantled or wrecked automobiles, or parts thereof, iron, steel and
               other old or scrap ferrous or nonferrous material.
               </p>
            <p class="p0">
               <span class="ital">Junked motor vehicle</span> means an abandoned motor vehicle that also:
               
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                  (1)
                  </p>
               		
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                  Is partially dismantled or wrecked;
                  </p>
               		
               
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                  (2)
                  </p>
               		
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                  Cannot be self-propelled or moved in the manner in which it was originally intended
                  to move;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
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                  Is more than five years old and worth less than $100.00; or
                  </p>
               		
               
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                  (4)
                  </p>
               		
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                  Does not display a current license plate.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Motor vehicle</span> means all machines designed or intended to travel over land or water by self-propulsion
               or while attached to any self-propelled vehicle.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Duty of owner.</span> It shall be the duty and responsibility of the owner of any abandoned or junked motor
               vehicle to cause the removal thereof immediately and to pay all costs incident to
               such removal. It shall be unlawful for any person to allow such motor vehicles owned
               by him to remain after notice has been given to such person to have the vehicle removed.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Liability of persons to owners, etc.</span> 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 motor
               vehicle for disposing of the vehicle as provided in the article.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Certain vehicles exempted from article.</span> Nothing in this article shall apply to any vehicle in an enclosed building or any
               vehicle on the premises of a business enterprise being operated in a lawful place
               or manner if the vehicle is necessary to the operation of the enterprise, nor to any
               vehicle in an appropriate storage place or depository maintained in a lawful place
               and manner by the county.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Removal by county.</span> Any junked or abandoned motor vehicle may be removed by the county to a storage garage
               or area; provided, that no such vehicle shall be removed from private property without
               the written request of the owner, lessee or occupant of the premises unless the county
               commissioners or a duly authorized county official or employee has declared such vehicle
               to be a health or safety hazard or the area appearance will benefit by the removal
               of the junked, or abandoned, vehicle.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Indemnification of county by person requesting removal.</span> Any person requesting the removal of a junked or abandoned motor vehicle from his/her
               private property shall indemnify the county against any loss, expense or liability
               incurred because of the removal, storage or sale of such vehicle.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice.</span> When any junked or abandoned vehicle is removed, the county shall give written notice
               of the removal to the registered owner at his last known address according to the
               latest registration certificate or certificate of title on file with the state department
               of motor vehicles. Such notice shall inform the owner of the possible sale or other
               disposition that can be made of the vehicle under this article. Notice need not be
               given to the registered owner of the vehicle when such vehicle does not display a
               license plate and the vehicle identification numbers have been removed or defaced
               so as to be illegible.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Redemption by owner.</span> The owner of an abandoned or junked vehicle may regain possession of any vehicle
               removed by the county pursuant to the provisions of this article by paying to the
               county all reasonable costs incidental to the removal and storage of such vehicle.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Sale of abandoned vehicles.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
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               <span class="ital">Required.</span> After holding an unclaimed abandoned motor vehicle for 30 days, the county shall
               sell, or dispose of it, as provided by this section.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Procedure.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Vehicles worth less than $100.00.</span> If the vehicle appears to be worth less than $100.00, the county may dispose of the
               vehicle as a junked vehicle as provided by subsection (j)(1).
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Vehicles worth $100.00 or more, generally.</span> If the vehicle is worth $100.00 or more it shall be sold at public auction. Twenty
               days written notice of the sale shall be given to the registered owner at his/her
               last known address, the holders of all liens of record against the vehicle and the
               state department of motor vehicles. Any person having an interest may redeem it at
               any time before the sale by paying costs accrued to date.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Disposition of proceeds.</span> The proceeds of the sale shall be paid to the county finance department who shall
               pay the appropriate officers or persons the cost of removal, storage, investigate,
               sale and liens in that order. The remainder of the proceeds of the sale shall be paid
               over to the registered owner of such vehicle or held by the county for 60 days if
               the registered owner cannot be located with reasonable diligence. If the owner of
               such vehicle does not claim the remainder of the proceeds within 60 days after the
               sale, the funds shall be deposited in the counties general fund and the owner's right
               therein shall be forever extinguished.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Sale of junked vehicles.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Generally.</span> After holding an unclaimed junked vehicle for 15 days, the county may destroy it
               or sell it at private sale as junk.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Notice to department of motor vehicles.</span> Within 15 days after final disposition of a junked motor vehicle, the county shall
               notify the state department of motor vehicles that the vehicle has been determined
               to be a junked motor vehicle and disposed of as such. Such notice shall contain as
               full and accurate description of the vehicle as can be reasonably determined.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Disposition of proceeds.</span> Any proceeds from the sale of a junked motor vehicle, after all costs of removal,
               storage, investigation and sale and satisfying and liens of record on the vehicle
               have been deducted therefrom, shall be held by the county for 30 days and paid to
               the registered owner upon demand. If the owner does not appear to claim the proceeds
               within 30 days after disposal of the vehicle, the funds shall be deposited in the
               counties general fund and the owner's rights therein shall be forever extinguished.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Vehicles not displaying license plate or legible identification numbers.</span> Subsections (i) and (j) shall not apply when the vehicle does not display a license
               plate and the vehicle identification numbers have been removed or defaced so as to
               be illegible. Such vehicles may be destroyed or sold at private sale, without regard
               to value, after being held for 48 hours.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               <span class="ital">Enforcement.</span> The enforcement of this section shall be done by a person designated by the county
               manager.
               </p>
            		
            <p class="historynote0">
               (Ord. of 1-5-98, Â§Â§ Iâ€”XIII)
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Authority of the county to regulate the removal of abandoned and junked vehicles,
               G.S. 153A-132.2.
               </p></div>