With respect to aesthetic junked motor 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 an aesthetic junked motor vehicle, such appeal shall be made to the chairperson of the towing appeals committee as hereinafter defined, in writing, within seven days of the posting of the notice required in section 10-32 of this article. Further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. Written appeals may be hand delivered to the assistant city manager's secretary in Room 202 located on the second floor of the city building and having the written appeal stamped with a notice of receipt, with a copy of the receipt provided to the appealing party. Notice may also be mailed to the chairperson at the following address:
City of Asheville City Manager's Office Towing Appeals Committee Chairperson Post Office Box 7148 Asheville, North Carolina 28802
The date of postmark shall be utilized in determining the timeliness of the appeal. The chairperson of the towing appeals committee shall notify the owner or the person entitled to possession and the planning and development director of the time and place of the hearing, which shall be held within seven days of receipt of the written appeal. The issues before the committee are: (1) whether the vehicle in question is an aesthetic junked motor vehicle and (2) if the vehicle is an aesthetic junked motor vehicle, is removal warranted under the provisions of the ordinance. The committee shall render a written decision within three days after hearing the case. The committee's written decision shall order the planning and development director to proceed with the removal of the vehicle or return the vehicle to the owner or person entitled to possession. Any aggrieved party may appeal the committee's written decision to the Buncombe County District Court within ten days of the date of the written decision. In the absence of a timely appeal, the committee's decision is final and the authorizing official may proceed to carry out the provisions of this article.
(Ord. No. 2373, § 1, 6-10-97)