Chapter 44 - Vehicles, Abandoned or Junk

The following terms are defined for purposes of this Chapter:

1. Abandoned Vehicle - A vehicle shall be determined to have been abandoned in the following circumstances:
   
   1. It is left on public grounds or County-owned property in violation of a law or ordinance prohibiting parking;
   2. It is left for longer than 24 hours on property owned by the County;
   3. It is left for longer than 2 hours on private property without the consent of the owner, occupant or lessee of the property; or
   4. It is left for longer than 7 days on public grounds.
2. Junked Vehicle - An abandoned vehicle that also:
   
   1. Is partially dismantled or wrecked;
   2. Cannot be self-propelled or moved in the manner in which it originally was intended to move;
   3. Is more than 5 years old and appears to be worth less than $100; or
   4. Does not display a current license plate.
3. Motor Vehicle Or Vehicle - Includes any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.

Abandoning Vehicles Prohibited; Removal.

1. It shall be unlawful for any person to abandon a motor vehicle on public grounds and private property and County-owned property.
2. Any abandoned or junked vehicle as defined by this Chapter may be removed for safekeeping under the direction of a certified sanitarian of the Henderson County Health Department to a storage garage or area in accordance with this Chapter, provided that no such vehicle shall be removed from privately owned premises without the written request of the owner, lessee or occupant of the premises unless the same has been declared by the Board of Commissioners or Health Director of Henderson County to be a health or safety hazard. All removal shall be accomplished through use of an independent third party contractor in the business of towing and storage of motor vehicles. The independent third party contractor shall be responsible for collecting all towing fees.

The Health Director of Henderson County or any certified sanitarian shall be authorized to enter any premises upon presentation of proper credentials at any reasonable hour in order to determine if any vehicles are health or safety hazards, as authorized by N.C.G.S. 153A-132(c).

The owner, lessee or occupant of privately owned premises who requests the removal of an abandoned or junk motor vehicle therefrom shall indemnify the County against any loss, expense or liability incurred by the County by reason of the removal, storage or sale of such motor vehicle.

The Health Director of Henderson County shall be responsible for complying with N.C.G.S. Chapter 20, Article 7A, including any and all notice provisions of said Chapter, in removing any abandoned or junked vehicle in accordance with the terms of this Chapter

This Chapter shall apply to (1) all property, wherever located, that is owned or controlled by the County of Henderson, (2) the unincorporated areas of Henderson County, and (3) those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C.G.S. 153A- 122.) Nothing in this Chapter shall be construed to apply to any vehicle in an enclosed building or vehicle on the premises of a business enterprise being operated in a lawful place and manner and the vehicle being necessary to the operation of such business enterprise or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the County.

Any person, firm or corporation violating any provision of this chapter shall be subject to civil penalties of $50.00 for each violation, with each day of violation being treated as a separate violation.