<div class="chunk-title">Sec. 38-50. - Procedure for determining whether a vehicle is a junked motor vehicle subject to towing.</div>
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               The county shall determine whether a vehicle is a junked motor vehicle, and is subject
               to towing, only as follows:
               
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                  (1)
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                  <span class="ital">Step 1â€”Determination whether vehicle is a junked motor vehicle.</span> The solid waste director shall personally view the alleged junked motor vehicle.
                  If the solid waste director determines that the vehicle is not a junked motor vehicle,
                  then no further action shall be taken. If the solid waste director determines that
                  the vehicle is a junked motor vehicle as defined above, then he shall proceed to step
                  2. In viewing any alleged junked motor vehicle, the solid waste director shall first
                  obtain the landowner's consent to enter the property, or otherwise obtain an administrative
                  warrant in accordance with the provisions of G.S. Ch. 15, Art. 4A (G.S. 15-27.2).
                  </p>
               		
               
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                  (2)
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                  <span class="ital">Step 2â€”Balancing of aesthetic benefits vs. private hardship.</span>
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                  a.
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                  After viewing the junked motor vehicle and the surrounding area, the solid waste director
                  shall determine whether the aesthetic benefits of removing the junked motor vehicle
                  outweigh the burdens imposed on the owner of the junked motor vehicle. In making this
                  determination, the solid waste director may consider the following, factors:
                  </p>
               		
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                  1.
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                  Protection of property values;
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                  2.
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                  Promotion of tourism and other economic development opportunities;
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                  3.
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                  Indirect protection of public health and safety;
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                  4.
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                  Preservation of a character and integrity of the community;
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                  5.
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                  Promotion of the comfort, happiness, and emotional stability of area residents; and
                  </p>
               		
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                  6.
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                  Any other factors reasonably related to the balancing of aesthetic benefits against
                  burdens imposed upon the owner of the junked motor vehicle.
                  </p>
               		
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                  b.
                  </p>
               		
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                  The solid waste director must make written findings showing his consideration of the
                  relevant factors, and must make a written finding as to whether the aesthetic benefits
                  of removing the junked motor vehicle outweigh the burdens imposed on the owner of
                  the junked motor vehicle. If the solid waste director finds that the aesthetic benefits
                  of removing the junked motor vehicle do not outweigh the burdens imposed upon the
                  owner of the junked motor vehicle, then no further action shall be taken. If the solid
                  waste director finds that the aesthetic benefits of removing the junked motor vehicle
                  outweigh the burdens imposed upon the owner of the junked motor vehicle, then he shall
                  proceed to the next step.
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  <span class="ital">Step 3â€”Notice to owner.</span> If the solid waste director has determined that the aesthetic benefits of removing
                  the junked motor vehicle outweigh the burdens imposed upon the owner of the junked
                  motor vehicle, then he shall give notice, or make a diligent attempt to give notice,
                  to the owner of the junked motor vehicle, as follows:
                  </p>
               		
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                  a.
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                  If the junked motor vehicle has a North Carolina registration plate or registration,
                  written notice shall be given to the registered owner by certified mail by placing
                  said notice in the mail within 24 hours after the determination is made, and notification
                  by telephonic communication shall be made if the owner's telephone number can be ascertained;
                  </p>
               		
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                  b.
                  </p>
               		
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                  If the junked motor vehicle is registered in some other state, written notice shall
                  be given to the registered owner by certified mail by placing said notice in the mail
                  within 72 hours after the determination is made, and notification shall be made by
                  telephonic communication to the owner as soon as the owner's identity can be ascertained;
                  </p>
               		
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                  c.
                  </p>
               		
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                  If the junked motor vehicle is not registered in any state, or its state registration
                  cannot be determined, the solid waste director shall make diligent efforts to obtain
                  the name, address and telephone number of the owner, mail written notice, and give
                  notice by telephonic communication to the owner as soon as the owner's identity can
                  be obtained;
                  </p>
               		
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                  d.
                  </p>
               		
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                  If after reasonable diligence the owner cannot be identified, or if the owner otherwise
                  has not been given notice, written notice shall be posted on the windshield, or some
                  other conspicuous place at least seven days prior to towing; or
                  </p>
               		
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                  e.
                  </p>
               		
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                  No pre-towing notice be given if the junked motor vehicle impedes the flow of traffic
                  or other jeopardizes the public welfare to the extent that immediate towing is necessary.
                  </p>
               		
               
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                  (4)
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                  <span class="ital">Step 4â€”Contents of written notice.</span> The written notice required by this section shall include the following information:
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                  a.
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                  A description of the vehicle and vehicle identification number, if available;
                  </p>
               		
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                  b.
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                  A statement that the county has determined that the vehicle is a junked motor vehicle
                  in violation of this article, and the date on which this determination was made;
                  </p>
               		
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                  c.
                  </p>
               		
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                  A statement that the county intends to cause the vehicle to be towed to an automobile
                  graveyard or junkyard no sooner than 30 days after the date of determination;
                  </p>
               		
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                  d.
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                  The name and address of the automobile graveyard or junkyard to which the vehicle
                  will be towed; and
                  </p>
               		
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                  e.
                  </p>
               		
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                  A description of a procedure which the owner must follow to appeal to a magistrate
                  of the county to contest the proposed towing.
                  </p>
               		
               
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                  (5)
                  </p>
               		
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                  <span class="ital">Step 5â€”Towing.</span> If the owner of the junked motor vehicle has not filed a written request for a hearing
                  before a magistrate of the county within 30 days after the determination that the
                  aesthetic benefits of towing a junked motor vehicle outweigh the burdens on the junked
                  vehicle's owner, as provided in this section, the solid waste director may cause the
                  vehicle to be towed immediately upon the expiration of the 30-day period. If the owner
                  makes a timely written request for a hearing before a magistrate, then the solid waste
                  director shall not cause the vehicle to be towed until and unless the magistrate determines
                  that there is probable cause to believe that the vehicle is a junked motor vehicle
                  subject to towing pursuant to the terms of this article. If the magistrate determines
                  that there is probable cause to believe that the vehicle is a junked motor vehicle
                  subject to towing pursuant to the terms of this article and the owner appeals to the
                  district court as provided in this section, the solid waste director may nonetheless
                  cause a vehicle to be towed pending the decision of the district court, but no tower's
                  lien imposed pursuant to <a href="" data-chunk-id="CD_ORD_CH38TRVE_ARTIIIJUMOVE_S38-51TOLI" class="section-link" data-product-id="14528">section 38-51</a> of this article shall be enforced until such time as the district court rules on
                  such appeal.
                  </p>
               		
               
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                  (6)
                  </p>
               		
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                  <span class="ital">Step 6â€”Owner's right to hearing before magistrate.</span> Within 30 days after the date of the determination that the aesthetic benefits of
                  towing a junked motor vehicle outweigh the burdens on the junked vehicle's owner,
                  the owner of a vehicle which the solid waste director has determined to be a junked
                  motor vehicle may make a written request to a magistrate of the county to determine
                  whether there is probable cause to believe that the vehicle is a junked motor vehicle
                  subject to towing pursuant to the terms of this article. Such hearing, if properly
                  requested by the owner, shall be conducted pursuant to G.S. 20-219.11.
                  </p>
               		
               
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                  (7)
                  </p>
               		
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                  <span class="ital">Step 7â€”Appeal to district court.</span> Any party aggrieved by the magistrate's decision may appeal from the magistrate's
                  decision to the county district court.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. of 4-4-2011)
               </p></div>