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IV.A Discussion Regarding Abandoned/Junk Vehicle Ordinance <br /> County Attorney Whitney Parrish provided information in response to a request to <br /> look into the rules and regulations and possible options for the County to adopt an <br /> ordinance to address junked and abandoned motor vehicles. The request came from <br /> a citizen who resides in the extraterritorial jurisdiction (ETJ). NC General Statute <br /> 160A-360(a) allows for the city's planning and development regulations to control <br /> inside the ETJ and 153A-122 provides that county ordinances that do not regulate <br /> development apply within the ETJ, the general police power ordinances. Abandoned <br /> and junked vehicles are not regulated in Lee County, the City of Sanford, or the <br /> Town of Broadway as a development regulation and therefore if Lee County <br /> regulates these vehicles in the county's jurisdiction it would have to adopt a general <br /> police power ordinance. While the Unified Development Ordinance does not <br /> specifically address abandoned and junk vehicles, Article 5 does specify that within <br /> the unincorporated areas of Lee County, outdoor storage of more than four wrecked, <br /> immobilized or unlicensed motor vehicles or junk is expressly prohibited in any <br /> residential zoning district. NC General Statute 153A-132.2 states that a "county may <br /> by ordinance regulate, restrain or prohibit the abandonment of junked motor vehicles <br /> on public grounds and on private property within the county's ordinance making <br /> jurisdiction upon a find that such regulation, restraint or prohibition is necessary and <br /> desirable to promote or enhance community, neighborhood or area appearance, and <br /> may enforce any such ordinance by removing and disposing of junked motor <br /> vehicles subject to the ordinance..." The City has an abandoned and junked vehicles <br /> ordinance through their general police powers. County staff can't just go and remove <br /> vehicle, a finding has to be made to declare the vehicle as a health or safety hazard <br /> and the aesethic benefits of removing the vehicle would have to outweigh the <br /> burden to the owner. The City's ordinance is enforced through their code ., <br /> enforcement department. Buncomobe and Durham County's ordinances were <br /> provided as an example. Commissioner Bill Carver asked how egregious this <br /> problem is to make this happen. He also asked how much of a burden is the <br /> proposed ordinance would be to enforce, and said they would need to talk to Sheriff <br /> Carter to see if he thinks it would be a good idea. Commissioner Reives stated that <br /> there have been a couple of issues in the past that have been addressed by <br /> working it out with the individual. Commissioner Reives stated that he does not see <br /> there being an issue in the County and believes that people should have a more <br /> legitimate use of their own property in the County than within the City. Commissioner <br /> Reives stated that there are not significant problems in the County and people living <br /> outside of the City limits should be talked to rather than the County creating a legal <br /> avenue against people having automobiles on their property. <br /> Memo to Board.docx <br /> Durham County Abandoned and Junked MV.doc <br /> Buncombe County Abandonded and Junked MV.doc <br /> N.C. Gen. Stat. _ 153A-132.pdf <br /> N.C. Gen. Stat. _ 153A-132.2.pdf <br />