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Committee recommends ordinance change to treat long-term junk vehicles as litter
Summary
The City of Asheville PEDE Committee voted to recommend to full council a revision to Chapter 15 that adds a definition of "nuisance motor vehicle," aligns the city's litter definition with North Carolina General Statute 14-3-99, and gives sanitation staff new enforcement tools after multi-department delays in resolving longstanding cases.
The Planning, Economic Development and Environment Committee voted July 21 to recommend that City Council repeal and replace section 15.1 of Chapter 15 of the city code to broaden the definition of litter and add definitions for "motor vehicle" and "nuisance motor vehicle." Jess Foster, the citys sanitation division manager, told the committee the change is intended to streamline cross-department enforcement and reduce the staff time spent on long-running nuisance cases.
Carly Gillingham, the assistant city attorney, said the proposed ordinance would explicitly incorporate North Carolina General Statute section 14-3-99 into the citys litter definition and add a motor-vehicle definition that includes boats. She outlined objective criteria for a vehicle to qualify as a nuisance: lack of a current license plate; being partly dismantled or inoperable; or being more than five years old and appearing worth less than $100. Additional nuisance conditions would include standing water or pools that can breed mosquitoes, vegetation over eight inches, visible fuel or oil leaks, combustible trash near a vehicle, and configurations that pose entrapment risks for children.
Foster said the revision aims to reduce duplicated visits by multiple departments when vehicles and overgrown or trash-filled lots overlap. She cited several lengthy files, including one dating to 2009, as evidence that the current approach can be inefficient. She emphasized the citys stepwise enforcement process: notices and cure periods (typically 30 days, extendable to 60), opportunities to work with property owners, and, as a final legal remedy, a court-ordered abatement after unpaid citations reach a threshold.
Council members asked whether hobby projects, trailers and boats would be swept up by the new rule. Foster and Gillingham said boats are included under the motor-vehicle definition, but the ordinance is structured to address objective sanitation and public-health risks rather than routine personal projects; staff emphasized that towing or removal would be a last resort after extended notice and enforcement steps.
A council member moved and another seconded the recommendation; the committee carried the motion by roll call and staff said the item is slated for full council on July 28. Foster said staff will provide materials and examples so council can see the proposed notice language and enforcement timeline before that meeting.
The committee concluded the item after the vote; staff and the city attorney will bring finalized ordinance language and the associated engagement materials to the July 28 council meeting.
