REMOVAL AND DISPOSITION OF ABANDONED AND NUISANCE MOTOR VEHICLES

Raleigh City Code pt. 12, ch. 7

in effect

Raleigh City Code § 12-7001 ADMINISTRATION.

Sec. 12-7001. - ADMINISTRATION. The Police Department and Inspections Department of the City shall be responsible for the administration and enforcement of this chapter. The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the City, and property owned by the City. The Inspections Department shall be responsible for administering the removal and disposition of "abandoned" and "nuisance" vehicles located on private property. The City may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles and nuisance vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the City Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7002 DEFINITIONS.

Sec. 12-7002. - DEFINITIONS. For purposes of this chapter, certain words and terms are defined as follows: (a) Abandoned vehicle. An abandoned motor vehicle is one that is: (1) Left upon a public street or highway in violation of a law or ordinance prohibiting parking; or (2) Left on a public street or highway for longer than seven (7) days; or (3) Left on property owned or operated by the City for longer than twenty-four (24) hours; or (4) Left on private property without the consent of the owner, occupant or lessee thereof, for longer than two (2) hours. (b) Authorizing official. The supervisory employee of the Police Department or the Inspections Department, respectively, designated to authorize the removal of vehicles under the provisions of this chapter. (c) Booting or immobilization service. Any person or entity that engages in, or owns or operates a business that engages in, immobilizing or "booting" of motor vehicles for a fee by placing any device, including but not limited to a wheel lock, on the vehicle. (d) Motor vehicle or vehicle. A machine designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle. (e) Nuisance vehicle. A motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be: (1) A breeding ground or harbor for mosquitoes or other insects or a breeding ground or harbor for rats or other pests; or (2) A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height; or (3) A point of collection of pools or ponds of water; or (4) A point of concentration of combustible items such as gasoline, oil, other flammable or explosive materials including but not limited to boxes, paper, old clothes, rags, refuse, or any other combustible materials or objects of a like nature; or (5) One which has parts thereof which may fall and injure members of the public or one which may have parts which fall or be closed and become an area of confinement which may not be released for opening from the inside; or (6) One which is so situated and located that there is a danger of the vehicle falling, rolling, turning over, or creating an unsafe movement such as unattended, blocked or jacked vehicles; or (7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; or (8) One which has parts thereof which are jagged or contain sharp edges of metal or glass; or (9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the City Council. (f) Non-consensual towing. Non-consensual towing means motor vehicle towing performed by a tow truck if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle. This definition shall not include non-consensual tows that occur at the direction of a Raleigh Police Officer or other Raleigh City Official or as a result of a vehicle seizure or repossession by a lien holder. (g) Private parking lot. A privately-owned area created, designed, or used for the parking of motor vehicles. As used herein, a private parking lot does not include driveways, yards of residences, or areas owned or leased by the City or another government entity. (h) Storage facility. A place to which trespass vehicles are transported and stored in connection with non-consensual towing of a vehicle. (i) Towing service. Any person or entity, whether licensed or not, that engages in, or who owns or operates a business which engages, in whole or in part, in the towing or removal of motor vehicles for a fee. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 1986-837-TC-271, §§3—5, 8-5-86; Ord. No. 2004-736, §1, 11-16-04; Ord. No. 2021-272, §1, 9-7-21)

Raleigh City Code § 12-7003 ABANDONED VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.

Sec. 12-7003. - ABANDONED VEHICLE UNLAWFUL; REMOVAL AUTHORIZED. It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein. Upon investigation, proper officials of the City may determine that a vehicle is an abandoned vehicle and order the vehicle removed. Violation of this section is an infraction and may be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2022-339, §53, 2-15-22)

Raleigh City Code § 12-7004 NUISANCE VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.

Sec. 12-7004. - NUISANCE VEHICLE UNLAWFUL; REMOVAL AUTHORIZED. It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle. Upon investigation, proper officials of the Inspections Department may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed. Violation of this section is an infraction and may be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2022-339, §54, 2-15-22)

Raleigh City Code § 12-7005 REMOVAL OF ABANDONED OR NUISANCE VEHICLES; PRE-TOWING NOTICE REQUIREMENTS.

Sec. 12-7005. - REMOVAL OF ABANDONED OR NUISANCE VEHICLES; PRE-TOWING NOTICE REQUIREMENTS. Except as set forth in §12-7006 below, a vehicle to be removed because it has been abandoned or declared to be a nuisance vehicle shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In such instances, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the City on a specified date (no sooner than seven (7) days after the notice is affixed), unless the vehicle is moved by the owner or legal possessor prior to this time. With respect to abandoned vehicles on private property and nuisance vehicles, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned or a nuisance vehicle, such appeal shall be made to the City Council in writing, heard at a regularly scheduled meeting of the Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7006 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.

Sec. 12-7006. - EXCEPTIONS TO PRIOR NOTICE REQUIREMENT. The requirement that notice be affixed to an abandoned or nuisance vehicle at least seven (7) days prior to removal may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include: (a) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, such circumstances include, and the City Council hereby determines that immediate removal of such vehicles may be warranted when they are: (1) Obstructing traffic (Code §11-2171(a)), (2) Parked at the designated places identified in Code §11-2171(b)(1)—(11), (3) Parked in a no-stopping or standing zone (Code §11-2173), (4) Parked in loading zones (Code §11-2177), (5) Parked in bus zones (Code §11-2178), (6) Parked in violation of temporary parking restrictions imposed under Code §11-2181. (b) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on City-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration but not limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7007 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.

Sec. 12-7007. - REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS. Any vehicle which has been determined to be an abandoned or a nuisance vehicle may, as directed by the City, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the City. Whenever such a vehicle is removed, the authorizing City official shall immediately notify the last known registered owner of the vehicle, such notice to include the following: (a) The description of the removed vehicle; (b) The location where the vehicle is stored; (c) The violation with which the owner is charged, if any; (d) The procedure the owner must follow to redeem the vehicle; and (e) The procedure the owner must follow to request a probable cause hearing on the removal. The City shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsections (a) through (e) above, shall, unless this notice is waived in writing by the vehicle owner or his agent, also be mailed to the registered owner's last known address. If the vehicle is registered in North Carolina, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the State, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle. Whenever an abandoned or nuisance vehicle is removed, and such vehicle has no valid registration or registration plate, the authorizing City official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information as set forth in subsections (1) through (5) above. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7008 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.

Sec. 12-7008. - RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE. After the removal of an abandoned motor vehicle or vehicle declared to be a nuisance vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the Wake County magistrate designated by the Chief district court judge to receive such hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-222, as amended. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7009 REDEMPTION OF VEHICLE DURING PROCEEDINGS.

Sec. 12-7009. - REDEMPTION OF VEHICLE DURING PROCEEDINGS. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7010 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.

Sec. 12-7010. - SALE AND DISPOSITION OF UNCLAIMED VEHICLE. Any vehicle declared to be an abandoned or a nuisance vehicle under this chapter which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle;. Disposition of such a vehicle shall be carried out in coordination with the City through a procedure similar to that provided in G.S. Chapter 44A, Article 1. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 1992-46, §1, 9-1-92)

Raleigh City Code § 12-7011 CONDITIONS ON REMOVAL OF VEHICLE FROM PRIVATE PROPERTY.

Sec. 12-7011. - CONDITIONS ON REMOVAL OF VEHICLE FROM PRIVATE PROPERTY. As a general policy, the City will not remove a vehicle fromprivate property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the City from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is declared a nuisance vehicle. The City may require any person requesting the removal of an abandoned or nuisance vehicle from private property to indemnify the City against any loss, expense or liability incurred because of the removal, storage, or sale thereof. Any owner, occupant or lessee of a property requesting removal of an abandoned or nuisance vehicle from private property shall be required to pay a one hundred dollar ($100.00) administrative fee upon written request for removal of said vehicle. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2004-629, §3, 5-4-04)

Raleigh City Code § 12-7012 PROTECTION AGAINST CRIMINAL OR CIVIL LIABILITY.

Sec. 12-7012. - PROTECTION AGAINST CRIMINAL OR CIVIL LIABILITY. 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 an abandoned or nuisance vehicle, for disposing of such vehicle as provided in this chapter. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7013 EXCEPTIONS.

Sec. 12-7013. - EXCEPTIONS. Nothing in this chapter 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 and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7014 UNLAWFUL REMOVAL OF IMPOUNDED VEHICLE.

Sec. 12-7014. - UNLAWFUL REMOVAL OF IMPOUNDED VEHICLE. It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the City any vehicle which has been impounded pursuant to the provisions of this Code, unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid. (Ord. No. 1984-294, §2, 2-21-84)

Raleigh City Code § 12-7015 IMPROPER TOWING FROM AND IMMOBILIZATION WITHIN PRIVATE PARKING LOTS.

Sec. 12-7015. - IMPROPER TOWING FROM AND IMMOBILIZATION WITHIN PRIVATE PARKING LOTS. (a) It is an offense of this ordinance to tow a motor vehicle from a parking space in a private parking lot unless the space and lot are clearly designated as such with signs no smaller than twenty-four (24) inches by twenty-four (24) inches prominently displayed at all entrances thereto, displaying the current name and current phone number of the towing service and storage facility, and, if individually owned or leased, the parking lot or spaces within the lot are clearly marked by signs of setting forth the name of each individual lessee or owner, as mandated by G.S. 20-219.2. It is a further offense of this ordinance to place an immobilization device on a motor vehicle parked in a parking space in a private parking lot unless the space and lot are clearly designated as such with signs no smaller than twenty-four (24) inches by twenty-four (24) inches prominently displayed at all entrances thereto, displaying the current name and current phone number of the towing service and storage facility, and, if individually owned or leased, the parking lot or spaces within the lot are clearly marked by signs of setting forth the name of each individual lessee or owner. The civil penalties for an offense of this section are as prescribed in subsection (f). (b) Any towing service or storage facility engaged in the business of providing non-consensual towing or immobilization services shall accept payment by cash, debit card or a major national credit card. The towing service or storage facility shall provide a receipt of payment to the owner or operator of the motor vehicle. Failure to accept credit or debit cards for payment is a violation of this section and is punishable as a misdemeanor. (c) The operator of any tow truck immobilizing or removing a private vehicle at the request of any person, other than a police officer on duty shall report to the Raleigh Police Department the fact that the vehicle was immobilized, or if removed, that it was towed. If the motor vehicle was towed, the operator shall provide the motor vehicle's present storage space, together with a description of the vehicle and the tag number. The report shall be made by telephonic communication within one (1) hour after the vehicle is immobilized or deposited at the storage site. Any person, operating an immobilization service or towing service, or storage facility within the City shall maintain an attendant on call twenty-four (24) hours every day capable of acknowledging requests for vehicle release within fifteen (15) minutes of receiving a call and of releasing the vehicle within forty-five (45) minutes of receiving the call. The attendant shall be clothed with the authority to release any vehicle upon the legal conditions of release being fulfilled. Lighting in the lot shall be provided at a minimum average maintained footcandle value of two (2) at the surface level. Vehicles towed shall be secured in a fenced storage lot in a location that is accessible by public transportation, in such a manner as to keep the vehicles safe from harm, and within fifteen (15) miles of the location from which the vehicle was towed if the storage lot is located within the City or within ten (10) miles of the location from which the vehicle was towed if the storage lot is located outside of the City. All tow trucks performing non-consensual tows shall display the name and telephone number of the towing company on each side of the tow truck. (d) The operator of any tow truck summoned to tow away any vehicle in a non-consensual towing shall not tow the vehicle away and shall release the vehicle if the operator of the vehicle returns prior to the tow truck having left the location to which it was summoned. The tow truck operator shall permit the owner of a towed vehicle to remove personal property from a vehicle in the custody of the tow truck operator. If the tow truck operator has removed personal property from the vehicle it shall be returned to the owner of the property upon request made to the tow truck operator. The operator is not prohibited from charging a fee to release the vehicle, but if a fee is required, the operator shall provide a receipt of payment to the owner or operator of the motor vehicle. Failure to accept credit or debit cards for payment is a violation of this section. (e) No towing service shall remove a motor vehicle from a private parking lot on a weekday from the hours of 10:00 a.m. to 5:00 p.m. unless the owner or agent of the private parking lot signs a contemporaneous specific written authorization for such removal which is presented to the wrecker driver of the towing service The agent must be someone other than an employee of the towing service. The written authorization shall contain the reason for the tow, the vehicle make, model, year, color, vehicle identification number (VIN) and license plate number. Following a tow under this subsection, the towing service shall follow the same notification procedures required under subsection (c) of this section. (f) Violations of this section shall carry civil penalties as follow: First violation .....$200.00 Second violation within a two-year period of the first violation .....$300.00 Third violation within a two-year period of the first violation .....$400.00 Fourth violation within a two-year period of the first violation .....$750.00 Fifth violation within a two-year period of the first violation .....$1,000.00 (Ord. No. 2002-350, § 1, 12-18-02; Ord. No. 2004-736, §§2—4, 11-16-04; Ord. No. 2008-469, §1, 10-7-08; Ord. No. 2021-272, §2, 9-7-21; Ord. No. 2022-332, §1, 2-1-22; Ord. No. 2022-340, §6, 2-15-22)

Raleigh City Code § 12-7016 ADMINISTRATIVE FEE.

Sec. 12-7016. - ADMINISTRATIVE FEE. Any owner of a property within the City whose property has a nuisance vehicle on it as defined by City Code §10-7002(d)(1)—(9) shall be subject to an administrative fee of one hundred dollars ($100.00) per vehicle. The property owner may also be assessed any costs in obtaining service of the nuisance vehicle notice including legal publication. (Ord. No. 2004-671, §1, 7-6-04)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT12LIRE_CH7REDIABNUMOVEFetched: 11/1/2026