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Garner council tightens junk-vehicle rules, gives manager pre-tow appeal authority
Summary
The Town Council unanimously adopted amendments to the town's junk and abandoned vehicle ordinance to align definitions with state statute, raise the value threshold, allow the town manager or designee to hear pre-tow appeals and provide penalty flexibility.
The Garner Town Council unanimously approved ordinance 20255334 on May 20 to amend the town's junk and abandoned vehicle code, aligning local definitions with state law and shifting some procedural steps from the board of adjustments to the town manager.
The change matters because it changes how and when vehicles can be removed from private property and gives town staff more discretion to resolve violations without requiring a hearing before the board of adjustments. The amendments also raise the value threshold in the town code to match the statute and allow the town to waive civil penalties to encourage compliance.
Inspections Director Paul Padgett opened the public hearing with staff'led slides and case counts, noting the town's tracking system goes back to 2019. "We are having our public hearing for amendments to the junk and abandoned vehicle ordinance," Padgett said as he summarized the proposed edits. Staff told council the code previously referenced a now'defunct community development department and that the update designates the town manager or designee to make the written findings required by statute before removing a vehicle from private property without the owner's consent.
Major edits described in staff materials and the presentation include: - Updating the definition of a junk vehicle to match state statute (a vehicle without a current license plate that is partially dismantled or wrecked; cannot be self'propelled; or is more than five years old and appears to be worth less than $500). The code previously used a $100 threshold. - Changing the pre'towing appeal process so an owner may appeal in writing and removal is stayed during the appeal, but the hearing will be held by the town manager or designee "as soon as practical" rather than at the next board of adjustments meeting. - Adding flexibility on civil penalties so staff can encourage cooperation and waive penalties when appropriate.
Council members praised staff work on the ordinance update and encouraged residents to use the town's reporting tool. Mayor Buddy Gupton and Council Member Matthews both noted the ordinance had been reviewed carefully for legal compliance. Padgett pointed residents to the Garner Info app as a reporting channel: "If you put a notice in the Garner Info app, it'll get to staff, and then we'll follow-up," he said.
The council voted on a motion to adopt ordinance 20255334; the motion was moved by Council Member Elmo Vance and seconded by Council Member Kathy Behringer. A voice vote was taken, and the ordinance passed unanimously.
Council and staff said the amendment is one of several code updates planned to help the town address neighborhood blight and nuisance properties more efficiently. Officials said enforcement remains largely complaint driven but noted staff is working to be more proactive.
Action on the ordinance will take effect per the adoption ordinance schedule. Staff said they received public comments through the code revision portal but that no substantive changes to the draft text were requested during the comment period.
