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HomeMy WebLinkAboutJUNK VEHICLE ORDINANCE PASSED APRIL 6 1987.TIFParcel Report Parcel Report - Catawba County, NC Page 1 of 1 Parcel Information: Owner Information: Parcel ID: 3724129 Name: STORY RAY DOUGLAS Parcel Address: 3437 34TH AV CT NE Name2: ALLISON -STORY SANDRA LEIGH City: HICKORY 28601 Address: 1325 TAYLORSVILLE MFG RD LRK(REID): 50137 Address2: Deed Book/Page: 2770/1186 Deed Image City: TAYLORSVILLE Subdivision: HEFNER HEIGHTS State /Zip: NC 28681 -4016 Lots: 7 -10 Block: G Last Sale: $4,000 on 8/1/1981 Plat Book/Page: 9/106 1 ISchool information: Calculated Acreage: 0.34 JISchool District: COUNTY Tax Map: 1412 01001 Elementary School: CLYDE CAMPBELL State Road: 1614 JIMIddle School: ARNDT Township: CLINES High Schbol: ST STEPHENS Tax /Value Information: Ta Rates(o oning Information: Municipal Tax District: COUNTY IlZoning District: COUNTY Fire District: ST STEPHENS Zoningl: R -20 Tax Account Number: 206212 Zoningl: Market Building(s) Value: $36,300 Zoning3: Market Land Value: $11,000 IlZoning Overlay: Market Total Value: $47,300 Small Area: ST STEPHENS /OXFORD ear Built /Remodeled: 1992 ISplit Zoning District 1/2: 0/0 Current Tax Bill IlZoning Agency Phone Numbers M/scellanil Voter Precinct: P29 Firm Panel Date: 9/5/2007 Building Code: HOUSE & LOT Firm Panel #: 37103724007 Building_ Permits for this parcel 112010 Census Tract: 010301 WaterShed: 112010 Census Block: 2018 WaterShed Split: Parcel Report Data Descriptions UISCUIMER: This map /report product was prepared from the Catawba County, NC Geospatlal Information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling Information Contained on this map or data on dra report. Catawba County promotes and recommends the Independent verification of any data contained on this map /report product by the user. The County of Catawba, Its employees, agents, and personnel, dlSdalm, and shall not be held liable for any and all damages, loss or liability, whether direct, Indirect or Consequential which arises or may arse from this map /report product or the use thereof by any person or entity. 509 APR ' 6 1967 PUBLIC HEARINGS The Chairman recessed the regular meeting and announced that this was the date and place as duly advertised for three public hearings - -(1) proposed abandoned and junk vehicle ordinance, (2) Naming of streets in the Conover extraterritorial area, and (3) Repeal of existing floodplain regulations and adoption of new Flood Prevention Ordinance. PROPOSED ABANDONED AND JUNK VENICIE ORDINANCE Mr. James N. Kier, Director of Planning and Development, stated that the Board had previously requested Catawba County's legislative delegation to amend the North Carolina Session Laws to include Catawba County on a Bill that permitted regulation of abandoned and junk vehicles for aesthetic purposes, as well as health and safety considerations. This amendment was passed in the 1986 General Assembly. A local ordinance based upon this legislation was required for Catawba County to regulate junk and abandoned vehicles. The Planning and Development Staff drafted an ordinance which had been reviewed by the County Attorney. The ordinance had also been reviewed by each municipality in Catawba County. Several municipalities (Newton, Catawba, and Brookford) had expressed interest in this ordinance being enforced within their corporate limits. The remaining municipalities were either not interested at this time or had plans to pass similar ordinances. The Catawba County Planning Board reviewed the proposed ordinance in February, 1987, and had recommended that it be approved. The ordinance would be enforced by the Catawba County Sheriff or other designee by the Board of Commissioners. Vehicles found to be in violation would be removed to a storage site. The owners would be notified and would have an opportunity to claim the vehicles by paying a fee based upon the removal and storage charges. Vehicles not claimed would be disposed of under a sale procedure established for the Sheriff and the proceeds would revert to the general fund. Sheriff Huffman believed that the program could begin by using existing staff in the civil division. Bids would be taken from local junk yards and wrecker services for picking up and storing the vehicles on behalf of Catawba County. If, however, the program grew beyond the scope of work that the civil division could handle, additional personnel and equipment might be required in the future. An appropriation would be required in the Sheriff's Department's budget to cover the cost of processing, wrecker service, and storage fees for the vehicles picked up during the fiscal year. Sheriff Huffman and the Planning and Development Staff also believed that the program should only begin to the County's area of jurisdiction and should not be expanded into any municipality until after it was well established. The Sheriff and Planning and Development Staff also believed that a well publicized grace period should precede the enforcement of the ordinance giving people an opportunity to properly dispose of abandoned and junk vehicles prior to the date of implementation. Mr. Joe Fulbright and Mr. Lonnie Bustle spoke in opposition to the ordinance. They did not feel the Sheriff had the right to remove cars from their personal property. Commissioner Stewart questioned small operations with vehicles parked in front (garages, body shops, etc). Mr. Kier responded that if in a properly zoned area, these types of businesses would not be affected by the proposed ordinance. APR 6 1987 510 Mr. Harold H. Sigmon of Hickory, in reference to Commissioner Stewart's question, felt that it was unfair to regulate individuals and to allow these establishments to have several in front of their place of business. No one else wished to speak and Chairman Whitener closed the public hearing. Upon a motion by Commissioner Perkins, and unanimously carried, the Board approved the ordinance by adopting the following addition to the Catawba county Code, effective 7/1/87. The Board further instructed that a grace period be established from the date of adoption through June 30, 1987, so that this ordinance could be well publicized to encourage citizens to properly dispose of junk and abandoned vehicles. ADDITION TO THE CATAWBA COUNTY CODE AN ORDINANCE TO REGULATE ABANDONED AND JUNK VEHICLES IN CATAWBA COUNTY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS that the Catawba County Code is hereby amended by adding the following ordinance, which becomes effective July 1, 1987. This the 6th day of April, 1987. s /Gary A. Whitener, Chairman AN ORDINANCE TO REGULATE ABANDONED AND JUNK VEHICLES CATAWBA COUNTY, NORTH CAROLINA 1.0. TITLE This ordinance shall be known as the Abandoned and Junk Vehicle Ordinance for Catawba County and may be referred to as the Abandoned and Junk Vehicle Ordinance. 2.0. PURPOSE Abandoned and junk vehicles constitute a hazard to the health, safety, and welfare of the people of Catawba County. Such vehicles can harbor noxious disease, provide shelter and breeding places for vermin, and present physical dangers to the safety of children and other citizens. Further, these vehicles detract from the physical appearance of the community. It is, therefore, the purpose of this ordinance to eliminate existing abandoned vehicles and to prevent future abandonment. 3.0. AUTHORITY AND ENFORCEMENT This ordinance is adopted under authority of North Carolina General Statute 153A- 132(a) and Section 1 and 2 of Chapter 841 of the 1983 Session Laws of North Carolina, as amended by H.B. 1590, Chapter 839 of the 1986 Regular Session Laws. Enforcement of this ordinance is also authorized under N.C. G.S. 153A -132 and Chapter 841 of the 1983 Session Laws, as amended by H.B. 1590, Chapter 839 of the 1986 Regular Session Laws. It shall be the responsibility of the Sheriff of Catawba County to enforce this ordinance. 511 A.C. JURISDICTION In accordance with NC G.S. 153A -122, this ordinance applies to and is enforceable in any part of Catawba County which is not within a city. However, the governing board of any city within Catawba County may by resolution permit this ordinance to be enforced within the city. The Board of Commissioners shall by motion accept the resolution by the city and set the date and terms of enforcement of this ordinance within the city. Further, the city may by resolution withdraw its permission to enforce this ordinance within the city. However, the city shall give the County written notice of its intent to withdraw permission. This ordinance will cease to be applicable 30 days after the County receives the written notice from the City. 5.0. DEFINITIONS Motor Vehicle - Any machine designed or intended to travel over land or water by self - propulsion or while attached to a self-propelled vehicle. Abandoned Vehicle - Any motor vehicle that is: (1) left on public grounds or county owned property in violation of a law or ordinance prohibiting parking; (2) left for longer than 24 hours on property owned or operated by the county; (3) left for longer than two hours on private property without the consent of the owner, occupant, or lessee of the property; (4) left for longer than seven (7) days on public grounds. Junk Vehicle - Any motor vehicle that does not display a current license plate and that is: (1) partially dismantled; (2) cannot be self - propelled or moved.in the manor in which it originally was intended to move; (3) is more than five (5) years old and appears to be worth less than $100. Sheriff - The Sheriff of Catawba County, North Carolina. Board of Commissioners - The Board of Commissioners of Catawba County, North Carolina. _ APR 0 6 1997 County Health Director - The Health Director for Catawba County, North Carolina. �sz� County Planning Director - The Director of Planning and Development for Catawba County, North Carolina. APR 6 1987 j % Count - Catawba County, North Carolina. 51.2 Magistrate - Magistrate for Catawba County in the warrant issuing office in the County seat, or in any other office designated to receive requests by the Chief District Court Judge. 6.0. REMOVAL OF VEHICLES If a motor vehicle is abandoned or junk as defined in Section 5.0 of this ordinance, the Sheriff, or designee by the Board of Commissioners, may direct the removal of the vehicle to a designated storage area determined by the Sheriff. A vehicle may not be removed from private property unless a request is made in writing to the Sheriff from the owner, lessee, or occupant of the premises. However, the Board of Commissioners or County Health Director or County Planning Director may request the Sheriff to remove a vehicle from private property if the County Health Director determines and declares the vehicle to be a public health or safety hazard, or the County Planning Director determines the vehicle to be detracting from the aesthetic value of the community and that by removing the vehicle, the County would be promoting or enhancing the community, neighborhood or area appearance. 7.0. RIGHT TO ENTER PRVUSES .. The Sheriff, or designee, or the County Health Director, or designee or the ` County Planning Director, or designee, shall have the right, upon presentation of proper credential and identification, to enter any premises within the jurisdiction of this ordinance during daylight hours to determine if any vehicle is a health or safety hazard or is detracting from the aesthetics of the area. 8.0. INDEMNIFICATION AGAINST LASS The County may require a person requesting removal of a vehicle from private property to indemnify the County against any loss, expense, or liability incurred because of the vehicle's removal, storage, or sale. 9.0. NOTICE TO THE VffiCLE OWNER 9.1 Notice to the owner of the vehicle removed shall be in accordance with NC G.S. 20-219.11(a) and (b). Whenever a vehicle is removed in accordance with this ordinance, and the vehicle has a valid registration or registration plate, the Sheriff shall notify the last known registered owner of the vehicle of the following: (1) A description of the vehicle. (2) The place where the vehicle is stored. (3) The violation the owner is charged with, if any. (4) The procedure the owner shall follow to have the vehicle returned to him. 513 APR ­6 1987 (5) The procedure the owner shall follow to request a probable cause hearing on the towing. If the vehicle has a North Carolina registration or plate, the owner shall be notified within twenty -four (24) hours; if however, the vehicle does not have a North Carolina registration or plate, the owner shall be notified within seventy-two (72) hours. The notice, if feasible, shall be given by telephone. However, written notice shall also be given and mailed to the last known address of the owner unless the owner waives this notice in writing. 9.2 Whenever a vehicle has neither a valid registration or registration plate, the Sheriff shall make reasonable efforts to identify the owner and notify the owner of the items in Section 9.1(a). If, however, the owner cannot be determined, a notice shall be placed on the vehicle in a conspicuous place for seven (7) days announcing the date the removal will occur. This pre - removal notice may be waived by the Sheriff if in his judgement the vehicle is impeding the flow of traffic or otherwise jeopardizes the welfare of the travelling public so that immediate removal is necessary. 9.3 Whenever a vehicle is found to be in violation of this ordinance and the vehicle is located on property that is owned by the same person, firm, corporation, etc. as the vehicle owner, the Sheriff shall cause notice to be given to the owner by registered or certified mail (return receipt requested) of the violation. Further, that the owner shall have ten (10) days from the date of receiving the notice to eliminate the violation, or to request in writing that ameeting be held with the Sheriff for the owner to show cause as to why the vehicle is not in violation of this ordinance. If the owner fails to comply with the provisions of this section, the violation shall then be disposed of under the terms of the ordinance. The owner or person entitled to claim possession of the vehicle may request a hearing to determine if cause existed to remove the vehicle without their permission. The request shall be filed with the Magistrate of Catawba County. The Magistrate shall set a hearing on the matter within 72 hours of receiving the request for the hearing. The owner, the Sheriff, the person who towed the vehicle, the person who requested the vehicle to be towed and any other person affected by the action may present evidence at the hearing. The only issue at this hearing is to determine whether or not probable cause existed for the removal of the vehicle. If the Magistrate finds that cause existed, the lien on the vehicle continues. If the Magistrate finds no cause existed, the lien is extinguished and the vehicle shall be immediately returned to the owner. 11.0. APPEALS Any aggrieved party may appeal the Magistrate's decision to the appropriate district court. APR t.6 1987 'j 12.0. RELEASE OF THE VEHICLE 514 The owner of a vehicle after presenting appropriate identification to establish ownership and personal identity may pay the fee for removal and storage to the Sheriff. The fee shall be based upon actual cost to the County tot the removal and storage of the vehicle. Upon payment of the fee or upon direction by the Magistrate of Catawba County, the vehicle shall be released to the owner. 13.0. DISPOSAL OF THE VENE= The County may dispose of any vehicle acquired through the enforcement of this ordinance by public sale. The sale may occur after the owner of the vehicle has been properly notified and if the owner does not claim the vehicle and pay the lien for removal and storage within 30 days after the notification is given. The public sale shall be conducted by the Sheriff in accordance with the provisions of NC G.S. 44A -4, 44A -5, and 44A -6, except that no additional public hearings are required. If the value of the vehicle is less than the amount of the lien, the County may sell it for scrap or destroy it. 14.0. NO LIABILITY Catawba County nor any person acting on behalf of Catawba County in the enforcement of this ordinance may be held to answer in a civil or criminal 1: action to any owner or other person legally entitled to the possession of an abandoned, junked, lost or stolen vehicle for disposing of it as provided for by this ordinance. -- 15.0. EXCEPTIONS This ordinance does not apply to any motor vehicle that is: (1) in an enclosed building; (2) 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 business; (3) in an appropriate storage place or depository maintained in a lawful place and manner by the County. STREET NAMES - CONOVER EXTRATERRITORIAL AREA Mr. James N. Kier, Director of Planning and Development, reminded the board that Catawba County previously signed contracts with each of the municipalities setting the terms for determining the street names and erection of signs in the extraterritorial areas of each of the municipalities. Recently, the City of Conover supplied Catawba County with a list of names for streets in the City's extraterritorial area. He presented a copy of the report supplied by the City of Conover which outlined recommended names. The Planning and Development Staff had reviewed these names against the known list of existing names in the Conover area and found no duplications. 515 APR - - 6 1987 At its March 30, 1987 meeting, the Planning Board unanimously agreed to (. recommend to the Board of Commissioners that it accept the list of names provided by the City of Conover to be adopted with the following change - Keisler Road to Keisler Dairy Road - as the official names for these associated streets in Conover's extraterritorial jurisdiction. In addition the City of Conover requested the following clarification and changes be made to the following list. 1. SR 1714, McLin Creek Road to McLin Creek Road, NE 2. SR 1739, McLin Creek Road to McLin Creek Road, SE 3. SR 1776, Prestige Road to Crown Drive 4. SR 1796, Prestige Heights Drive to Imperial Street No one wished to speak and Chairman Whitener closed the public hearing. Upon a motion by Commissioner Peed, and unanimously carried, the Board approved the names as presented, and authorized the Chairman to execute a contract with the City of Conover for the erection and maintenance of street signs in the City's extraterritorial district. I CITY OF CONOVER P.O. BOX 549 Phone 704 -464 -1191 COMIR, NC 28613 -0549 March 23, 1987 Mr. Sim Kier Catawba County P.O. sox 389 Newton, NC 28658 Re; Sant Names in the Conover Exiraterritorial Area Due Mr. Kier; Me Conover Planning Board held a Public Meeting on Tuesday, March 17, 1987 and approved the street n mee listed below. Enclosed you will find a up also approved by the Conover Planning Board. During the Staff's investigations, we encountered a few name discrepancies for the road. in the Conover Extraterritorial Area. One such o.d is SR 1490, pert of which is located inside the Conover city limits just north of Old 70 (SR 1007), and has been named the Berman -Sipe Road for years. The Conover Planning Board recommends the Herman -Sipe Road be continued in the extraterritorial area. A second discrepancy has occurred with Keisler Road and Keisler Dairy Road. State Road 1731 will eventually connect into Conover Boulevard (Hwy. 64 -70) just east of NC Highway 16, as is shown on the Hickory- Newcon- Conover Urban Area Transportation Plan. Two portions of Heisler Road already exist; onue segment is from SR 1739 westward to the Halstead Plant and the other segment is in front of the E. R. Carpenter Plant. When the lest e.ti. is built. the traffic from the geisler Road area ..at of Conover and from the proposed Claremont Industrial Park Road area will have direct c cue into Conover Blvd. Therefore, in order to avoid future confusion between Reieler Road and Keisler Dairy Road, the Conover Planning Board recommends the seem Heisler Road be continued for SR 1731. Lastly, SR 1149 has been named the Old Conover Road for years. Me Conover Planning Board recommends the name of SK 1149 remain old Conover Road. In addition to those listed above in the narrative and the following, " the Conover Planning Board approved recommendations to the Catawba County Board of Commie.i..ent CHAPTER 506: ABANDONED AND JUNKED VEHICLES Section 506.01 Short title 506.02 Purpose 506.03 Authority and enforcement 506.04 Jurisdiction 506.05 Definitions 506.06 Removal of vehicles 506.07 Right to enter premises 506.08 Indemnification against loss 506.09 Notice to the vehicle owner 506.10 Hearing procedure 506.11 Appeals 506.12 Release of the vehicle 506.13 Disposal of the vehicle 506.14 No liability 506.15 Exceptions - Cross - reference: Parking at county buildings, § 310.25 community. It is, therefore, the purpose of this chapte to eliminate existing abandoned vehicles and to prever future abandonment. ('77 Code, § 15-46) (Ord. passed 4 -6 -87) Penalty, se § 10.99 § 506.03 AUTHORITY AND ENFORCEMENT. This chapter is adopted under the authority of G.S § 153A- 132(a) and sections 1 and 2 of chapter 841 o the 1983 Session Laws of North Carolina, as amender by House Bill (H.B.) 1590, chapter 839 of the 1981 Regular Session Laws. Enforcement of this chapter i, also authorized under G.S. § 153A -132 and chapter 841 of the 1983 Session Laws, as amended by H.B. 1590 chapter 839 of the 1986 Regular Session Laws. It shat be the responsibility of the Sheriff of Catawba County t( enforce this chapter. ('77 Code, § 15 -47) (Ord. passed 4 -6 -87) § 506.01 SHORT TITLE. This chapter shall be (mown as the Abandoned and Junk Vehicle Ordinance for Catawba County and may be referred to as the Abandoned and Junk Vehicle Ordinance. ('77 Code, § 15 -45) (Ord. passed 4 -6 -87) § 506.02 PURPOSE. Abandoned and junked vehicles constitute a hazard to the health, safety and welfare of the people of Catawba County. Such vehicles can harbor noxious disease, provide shelter and breeding places for vermin, and present physical dangers to the safety of children and other citizens. Further, these vehicles detract from the physical appearance of the § 506.04 JURISDICTION. In accordance with G.S. § 153A -122, this chapter applies to and is enforceable in any part of the count} which is not within a city. However, the governing board of any city within the County may by resolution permit this chapter to be enforced within the city. The Board of Commissioners shall by motion accept the resolution by the city and set the date and terms of enforcement of this chapter within the city. Further, Ih( city may by resolution withdraw its permission t( enforce this chapter within the city. However, the city shall give the county written notice of its intent t( withdraw permission. This chapter will cease to b( applicable 30 days after the county receives the written notice from the city. ('77 Code, § 15 -48) (Ord. passed 4 -6 -87) 39 40 Catawba County - Building and Land Use, Information Technology, Code Enforcement, and Solid Waste Management § 506.05 DEFINITIONS. MOTOR VEHICLE. Any machine designed c intended to travel over land or water by self - propulsio For the purpose of this chapter, the following or while attached to a self - propelled vehicle. definitions shall apply unless the context clearly indicates or requires a different meaning. SHERIFF. The Sheriff of the county. ('77 Code, § 1549) (Ord. passed 4 -6 -87) ABANDONED VEHICLE. Any motor vehicle that is: (1) Left on public grounds or county-owned property in violation of a law or ordinance prohibiting parking; (2) Left for longer than 24 hours on property owned or operated by the county; (3) Left for longer than two hours on private property without the consent of the owner, occupant or lessee of the property; grounds (4) Left for longer than seven days on public COUNTY HEALTH DIRECTOR. The Health Director for the county. - COUNTY ZONING ADMINISTRATOR. The Zoning Administrator for Catawba County. JUNK VEHICLE. Any motor 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 years old and appears to be worth less than $100. MAGISTRATE. The magistrate for the County to the warrant issuing office in the county seat, or in any other office designated to receive requests by the chief district court judge. § 506.06 REMOVAL OF VEHICLES. (A) If a motor vehicle is abandoned or junk a defined in § 506.05, the Sheriff, or designee by thi Board of Commissioners, may direct the removal of th, vehicle to a designated storage area determined by thi Sheriff. (B) A vehicle may not be removed from privau property unless a request is made in writing to at, Sheriff from the owner, lessee or occupant of the premises. However, the Board of Commissioners m County Health Director or County Zoning Adminf strator may request the Sheriff to remove a vehicle fron private property if the County Health Director determines and declares the vehicle to be a public heald or safety hazard, or the County Zoning Administrator determines the vehicle to be detracting from the aesthetic value of the community and that by removing the vehicle, the county would be promoting or enhancing the community, neighborhood or area appearance. ('77 Code, § 15 -50) (Ord. passed 4 -6 -87) Penalty, see § 10.99 § 506.07 RIGHT TO ENTER PREMISES. The Sheriff, or designee, or the County Heald! Director, or designee, or the County Zoning Admini- strator, or designee, shall have the right, upor presentation of proper credential and identification, tc enter any premises within the jurisdiction of this chapter during daylight hours to determine if any vehicle is a health or safety hazard or is detracting from the aesthetics of the area. ('77 Code, § 15 -51) (Ord. passed 4 -6 -87) Abandoned and Junked Vehicles §506.08 INDEMNIFICATION AGAINST LOSS. The county may require a person requesting removal of a vehicle from private property to indemnify the county against any loss, expense or liability incurred because of the vehicle's removal, storage or sale. ('77 Code, § 15 -52) (Ord. passed 4 -6 -87) § 506.09 NOTICE TO THE VEHICLE OWNER. (A) (1) Notice to the owner of the vehicle removed shall be in accordance with G.S. § 20- 219.11(a) and (b). Whenever a vehicle is removed in accordance with this chapter, and the vehicle has a valid registration or registration plate, the Sheriff shall notify the last -known registered owner of the vehicle of the following: (a) A description of the vehicle; stored; (b) The place where the vehicle is (c) The violation the owner is charged with, if any; - (d) The procedure the owner shall follow to have the vehicle returned to him; (e) The procedure the owner shall follow to request a probable cause hearing on the towing. (2) If the vehicle has a North Carolina registration or plate, the owner shall be notified within 24 hours; if, however, the vehicle does not have a North Carolina registration or plate, the owner shall be notified within 72 hours. The notice, if feasible, shall be given by telephone. However, written notice shall also be given and mailed to the last -known address of the owner unless the owner waives this notice in writing. (B) Whenever a vehicle has neither a valid registration or registration plate, the Sheriff shall make reasonable efforts to identify the owner and notify the owner of the items in division (A) above. If, however, the owner cannot be determined, a notice shall be placed on the vehicle in a conspicuoi place for seven days announcing the date the remov will occur. This pre - removal notice may be waived 1 the Sheriff if in his judgment the vehicle is impeding it flow of traffic or otherwise jeopardizes the welfare the traveling public so that immediate removal necessary. (C) Whenever a vehicle is found to be in viola -tio of this chapter and the vehicle is located on property du is owned by the same person, firm, corporation, and tb like, as the vehicle owner, the Sheriff shall cause notic to be given to the owner by registered or certified ma (return receipt requested) of the violation. Further, th owner shall have ten days from the date of receiving th notice to eliminate the violation, or to request in writin that a meeting be held with the Sheriff for the owner t show cause as to why the vehicle is not in violation c this chapter. If the owner fails to comply with the pre visions of this section, the violation shall then b disposed of under the terms of this chapter. ('77 Code, § 15 -3) (Ord. passed 4 -6 -87) Penalty, se § 10.99 § 506.10 DARING PROCEDURE. (A) The owner or person entitled to clain possession of the vehicle may request a hearing b determine if cause existed to remove the vehicle withou their permission. The request shall be filed with th, Magistrate of Catawba County. The Magi -strate shall se a hearing on the matter within 72 hours of receiving the request for the hearing. The owner, the Sheriff, th person who towed the vehicle, the person who requester the vehicle to be towed, and any other person affecte, by the action may present evidence at the hearing. (B) The only issue at this hearing is to deter -min whether or not probable cause existed for the removal o the vehicle. If the magistrate finds that cause existed, th lien on the vehicle continues. If the magistrate finds in cause existed, the lien is extinguished and the vehic, shall be immediately returned to the owner. ('77 Code, § 15-4) (Ord. passed 4-6-87) 42 Catawba County - Building and Land Use, Information Technology, Code Enforcement, and Solid Waste Management § 506.11 APPEALS. § 506.15 EXCEPTIONS. Any aggrieved party may appeal the magistrate's decision to the appropriate district court. This chapter does not apply to any motor vehicl ('77 Code, § 15 -55) (Ord. passed 4 -6 -87) that is: § 506.12 RELEASE OF THE VEHICLE. The owner of a vehicle after presenting appropriate identification to establish ownership and personal identity may pay the fee for removal and storage to the Sheriff. The fee shall he based upon actual cost to the county for the removal and storage of the vehicle. Upon payment of the fee or upon direction by the Magistrate of Catawba County, the vehicle shall be released to the owner. ('77 Code, § 15 -56) (Ord. passed 4 -6 -87) (A) In an enclosed building; (B) On the premises of a business enterprise bein, operated in a lawful place and manner if the vehicle i necessary to the operation of the business; (C) In an appropriate storage place or depositor maintained in a lawful place and manner by the county ('77 Code, § 15 -59) (Ord. passed 4 -6 -87) § 506.13 DISPOSAL OF THE VEHICLE. (A) The county may dispose of any vehicle acquired through the enforcement of this chapter by public sale. The sale may occur after the owner of the vehicle has been properly notified and if the owner does not claim the vehicle and pay the lien for removal and storage within 30 days after the notification is given. The public sale shall be conducted by the Sheriff in accordance with the provisions of G.S. §§ 44A-4, 44A -5, and 44A -6, except that no additional public hearings are required. (B) If the value of the vehicle is less than the amount of the lien, the county may sell it for scrap or destroy it. ('77 Code, § 15 -57) (Ord. passed 4 -6 -87) § 506.14 NO LIABILITY. The county nor any person acting on behalf of the county in the enforcement of this chapter may be held to answer in a civil or criminal action many owner or other person legally entitled to the possession of an abandoned, junked, lost or stolen vehicle for disposing of it as provided for by this chapter. ('77 Code, § 15 -58) (Ord. passed 4 -6 -87) FEB 2 1981 -3- Richard Frazier made motion, seconded by Carol Leatherman, to recommend to the Board of Commissioners approval of these two requests. The motion carried unanimously. SUBDIVISION - Pool Road Subdivision (Final) This subdivision is located in Clines Township. This plat has been approved by the Board previously but was not recorded in the 90 day period, so it needs final approval again. Richard Frazier made motion, seconded by Carol Leatherman, to give final approval to this subdivision. The motion carried unanimously. OTHER ITF11S Junk Car Ordinance Mr. Milburn reminded the Board that several meetings ago they had asked the Board of Commissioners to have our legislators to include Catawba County in legislation to give the County the right to regulate abandoned and junk vehicles for aesthetic purposes. This was done and an ordinance has been drawn up to regulate abandoned and junk vehicles. This would not be part of the Zoning Ordinance but in the Catawba County Code as a ordinance by itself. Mr. Milburn reviewed with the Board the attached ordinance. This ordinance will be enforced by the County Sheriff's Department. Mr. Milburn informed the Board that Bill Stricker, County Planner, had written this ordinance with help from the Institute of Governments, other counties who have ordinances in place, and the County Attorney. After much discussion by the Board, Richard Frazier made motion, seconded by Barley Sigmon, to recommend this ordinance to the Board of Commissioners for its approval. The motion carried unanimously. ADJOURNMENT As there was no further business, Chairman Caldwell adjourned the meeting at 9:20 pm. Respectfully submitted, Connie P. Killian Recording Secretary