Loading...
(a) The city manager or his/her designee may immobilize by the use of wheel locks and/or tow and impound any vehicle which is illegally parked and for which there are three or more unpaid and overdue parking tickets, which are outstanding for a period of 90 days or more. For the purposes of this division, "illegally parked" means any time a vehicle is parked in violation of a city ordinance or state statute. Provided, however, any parking ticket which is the subject of an approved payment plan, no payment thereunder being delinquent, shall not be considered outstanding, unpaid and overdue for purposes of this section. In the event that the vehicle is determined to be an abandoned vehicle under Article II of Chapter 10 of the Code of Ordinances of the City of Asheville, the regulations of Article II of Chapter 10 shall apply in lieu of the regulations of this division.
(b) For the purpose of determining whether an illegally parked vehicle has had issued against it three or more outstanding unpaid and overdue parking tickets for a period of 90 days or more, it shall be sufficient if the license plate number of the illegally parked vehicle and the license plate number of the vehicle having received the tickets are the same.
(Ord. No. 2249, § 1, 11-14-95)
(a) If a wheel lock is attached to a vehicle, a notice shall be affixed to the windshield or other part of the vehicle so as to be readily visible.
(b) The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage thereto. The City of Asheville shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or move that vehicle.
(c) An immobilization fee established in the approved city’s fees and charges manual shall be charged for the removal of the wheel lock. The notice shall also state the total amount of civil penalties due for parking tickets which are overdue and unpaid and attributable to such vehicle, and the immobilization fee established in the approved city’s fees and charges manual to be charged. Said amounts shall be paid in full prior to removal of the wheel lock.
(d) The address and telephone number to be contacted to pay the charges to have the wheel lock removed shall also be listed on the notice.
(Ord. No. 2249, § 1, 11-14-95; Ord. No. 5037, § 1, 9-26-23)
(a) If the civil penalties due and an immobilization fee of $25.00 as provided hereinabove are not paid, or satisfactory arrangements in lieu thereof are not made, within 24 hours of the attachment of the wheel lock, such vehicle may be towed and impounded by, or at the direction of, the city manager or his/her designee, to any private impoundment lot. If a private contractor tows and stores such vehicle, there shall be imposed against the vehicle the private contractor's actual charges for towing and storing such vehicle.
(b) Once a vehicle has been impounded, the city manager or his/her designee, shall mail, or cause to have mailed, by certified mail, return receipt requested, a notice of impoundment to the registered owner at the address or addresses on record at the North Carolina Department of Motor Vehicles.
(Ord. No. 2249, § 1, 11-14-95)
Upon payment of all civil penalties for unpaid and overdue parking tickets issued for a vehicle and of all other applicable charges authorized by this division, including immobilization, towing and storage fees, the vehicle shall be released from impoundment to the owner or any other person entitled to claim possession of the vehicle.
(Ord. No. 2249, § 1, 11-14-95)
(a) The registered owner, or person entitled to possession, of any vehicle which has been immobilized or impounded pursuant to this section may submit a request for a hearing to the city manager by certified mail within seven calendar days from the date the notice of immobilization is affixed, as set forth in section 19-213 hereinabove, or the date of receipt of the notice of towing, as provided for in section 19-214 hereinabove, whichever is applicable. If a request for a hearing is not made within the allocated time, the right to a hearing shall have been waived.
(b) If a hearing is requested, the city manager, or his/her designee, shall send a statement to such person to inform him/her of the time and place for the hearing, of the basis for the vehicle's immobilization and/or impoundment, of the opportunity to present evidence as to why such vehicle should not have been immobilized, towed, and/or impounded, and of the right to have counsel present at the hearing. The hearing shall be held within five work days of the city's receipt of a request for a hearing, unless a longer time period is requested by the person asking for the hearing.
(c) The city manager, or his/her designee, shall serve as the hearing officer, shall conduct a hearing and shall prepare a written report within three work days of the hearing stating his/her conclusion as to whether the vehicle was properly immobilized, towed, and/or impounded, pursuant to this division, and the reasons and evidence underlying his/her conclusion. If it is concluded that the vehicle should not have been immobilized, towed, and/or impounded, then any improper charge(s) shall be cancelled, or if paid, rebated.
(Ord. No. 2249, § 1, 11-14-95)
(a) It shall be unlawful for any person, firm, or corporation to remove from a wheel a wheel lock placed thereon pursuant to this division or to remove from impoundment any vehicle placed therein pursuant to this division without all civil penalties and applicable charges having first been paid.
(b) It shall be unlawful for any person, firm or corporation to damage or destroy a wheel lock placed on a vehicle pursuant to this division.
(Ord. No. 2249, § 1, 11-14-95)
ARTICLE VI. PEDESTRIANS
Loading...