Abandoned, junked, health/safety hazard, and aesthetic nuisance vehicles in Apex are governed by Chapter 20, Article III of the Apex Code of Ordinances, implemented under NCGS 20-137.7, NCGS 160A-303, and NCGS 160A-303.2. NCGS 20-137.7 defines an abandoned vehicle as 'a motor vehicle that has remained illegally on private or public property for a period of more than 10 days without the consent of the owner or person in control of the property.' The Apex Police Department uses Form F1313 (Violation Checklist), Form F1313a (Pre-towing Notice and Right to Appeal - 11 days to remove), and Form F1313b (Post-towing Notice and Right to Hearing - 24 hours for NC-registered, 72 hours for out-of-state). Owners may appeal under Section 20-36(b). NCGS 160A-303.2(b) prohibits removal of vehicles in regular business or personal use.
Apex's abandoned-vehicle framework is layered in state law and local code. NCGS 20-137.7 defines an 'abandoned vehicle' as 'a motor vehicle that has remained illegally on private or public property for a period of more than 10 days without the consent of the owner or person in control of the property.' NCGS 160A-303(a) authorizes any city by ordinance to prohibit the abandonment of motor vehicles on public streets or on public or private property within the city and to enforce by removing and disposing of junked or abandoned vehicles according to the procedures in the statute. NCGS 160A-303.2 authorizes a municipality to 'regulate, restrain or prohibit the abandonment' of junked motor vehicles on public and private property, with the important limitation in Section 160A-303.2(b): 'Any ordinance adopted pursuant to this section shall include a prohibition against removing or disposing of any motor vehicle that is used on a regular basis for business or personal use.' Apex Code of Ordinances Chapter 20, Article III (Abandoned, Junked and Disabled Vehicles; Towing Service) implements these state authorities locally, with Section 20-33 defining 'motor vehicle' (per the Apex Police Department General Order 1313-20, the local 'Motor Vehicle' definition 'includes any machine designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle (SOURCE: TOA Code of Ordinance, Sec. 20-33)'), Section 20-36(b) providing appeal rights, and Section 20-40 providing probable cause hearing procedures. Operationally, the Apex Police Department follows General Order 1313-20 (effective November 24, 2020): when an officer receives a complaint or observes a potential violation, the officer completes Form F1313 - Abandoned, Junked and Disabled Vehicle Violation Checklist to determine whether the vehicle is an Abandoned motor vehicle (on Town of Apex Property), Junked motor vehicle, Health or safety hazard motor vehicle, or Aesthetic nuisance motor vehicle. 'For vehicles identified as abandoned, junked, health or safety hazards, and aesthetic nuisance vehicles on private property, the officer is not authorized to enter the property to inspect any vehicles without consent (written or verbal) by the property owner, occupant, or lessee, unless pursuant to NCGS 15-27.2.' Before towing (unless the vehicle is obstructing or protruding into the flow of traffic on a street or highway), the officer must post a windshield notice of imminent towing under General Order 1006 - Supplemental Traffic Services. After completing Article III procedures and determining the vehicle must be removed, Support Services personnel notify the property owner, occupant, lessee, and/or vehicle owner by registered or certified mail with return receipt requested using Form F1313a (Pre-towing Notice and Right to Appeal), giving the owner 11 days to remove the vehicle. Notice may also be given by affixing the orange Notice of Towing Warning Sticker (Form L-9) to the windshield. Once a vehicle is removed, Form F1313b (Post-towing Notice and Right to Hearing) is sent by registered or certified mail within 24 hours (for vehicles registered in NC) or 72 hours (for vehicles registered out of state). The notice includes a description of the vehicle, the storage location, the violation, return procedures, and probable cause hearing procedures under Section 20-40. The registered owner may appeal under Section 20-36(b); if an appeal is filed, the department is not authorized to have the vehicle removed until the appeal proceedings occur and a determination is made.
Leaving a motor vehicle as abandoned, junked, a health or safety hazard, or an aesthetic nuisance within Apex town limits is a violation of Chapter 20, Article III of the Apex Code of Ordinances. NCGS 20-137.7 sets the abandonment threshold at more than 10 days illegally on public or private property without consent. The Apex Police Department documents the violation on Form F1313 and provides 11 days to remove the vehicle by registered or certified mail using Form F1313a (Pre-towing Notice and Right to Appeal). Owners may appeal under Section 20-36(b); if an appeal is filed, removal is stayed until the appeal is determined. After removal, the owner receives Form F1313b (Post-towing Notice and Right to Hearing) within 24 hours (NC-registered) or 72 hours (out-of-state-registered), with probable cause hearing rights under Section 20-40. NCGS 160A-303.2(b) prohibits removal of any motor vehicle used on a regular basis for business or personal use. Officers cannot enter private property to inspect a vehicle without consent from the owner, occupant, or lessee unless pursuant to NCGS 15-27.2.
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