Sec. 28-7. Towing and impoundment.
   (a)   Procedure. If any vehicle shall be determined by any officer of the Department to be subject to towing and impoundment as an abandoned or a nuisance vehicle, such officer is hereby authorized and empowered to detain the vehicle and order its towing and removal by the village to an impound area designated by the Village Manager for the safe storage thereof. The officer authorizing towing and impoundment shall secure custody of the impounded vehicle and shall be responsible for the delivery of the vehicle into the custody of any person with whom the village contracts to tow and/or store vehicles.
   (b)   Notice. The village shall make a concerted effort to determine the identity of the owner or lawful possessor of the towed and impounded vehicle. Upon identification, the village will notify the owner or lawful possessor of the fact that the vehicle has been towed and impounded, the place where the vehicle is located, the reason for the towing and impoundment, including any violation with which the owner or lawful possessor is charged, the procedure that must be followed to have the vehicle returned, and the procedure the owner must follow to request a probable cause hearing on the towing. The village may attempt to give notice to the vehicle owner or lawful possessor by telephone or electronic means; however, whether or not the owner or lawful possessor is reached by telephone or electronic means, written notice, including the information set forth above, shall, unless waived in writing, also be mailed to the registered owner's last known address.
   (c)   Fees. An owner or lawful possessor seeking to reclaim an impounded vehicle shall be assessed the actual costs incurred by the village for towing and storage of an impounded vehicle. The Village Manager is authorized and empowered to contract for the towing and storage of vehicles. Any such contract must provide for a schedule of reasonable towing fees and shall be available for inspection with the Village Clerk.
   (d)   Reclaiming impounded vehicle. The Department is authorized to retain possession of any vehicle towed pursuant to this section until such time as the owner or lawful possessor shall appear to claim possession of the vehicle. In order to reclaim possession of any vehicle towed and impounded, including during the pendency of a request for a probable cause hearing, the owner or lawful possessor shall:
   (1)   Present evidence of ownership or lawful possession of the vehicle;
   (2)   Present evidence that a licensed driver is present and authorized to operate the vehicle on village streets; and
   (3)   Pay all assessed towing and storage costs that accrued during the period of impoundment and sign a receipt confirming the release and return of the vehicle, or post a bond for double the amount of such fees and charges to the contractor with whom the village has contracted to tow and/or store vehicles.
   (e)   Hearing before sale or final disposition. After the removal of an abandoned or a nuisance vehicle, the owner or lawful possessor is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the Village Clerk within 30 days of the written notice issued pursuant to this section. Upon receipt of a request for a hearing, the Village Manager shall set a quasi-judicial hearing before the Village Transportation Committee, or, if no such Transportation Committee is then-organized and existing, before the Village Council within 30 days of receipt of the request. The Village Manager may establish rules and procedures that govern the appeal and quasi-judicial hearing process. The decision of the Transportation Committee or Village Council is subject to further review on appeal to the District Court of Brunswick County by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed within 30 days after the date that the Transportation Committee or Village Council issues a written decision.
   (f)   Sale and disposition of unclaimed vehicle. Any vehicle declared to be an abandoned or a nuisance vehicle under this chapter which is not claimed by the owner or lawful possessor may be disposed of by the village or its contractor for towing and/or storage of vehicles. Disposition of such a vehicle shall be carried out through a procedure similar to that provided in G.S. Chapter 44A, Article 1. If the vehicle is not purchased at sale and the estimated value is less than the amount of fees accrued for towing and storage, the vehicle may be destroyed.
(Ord. of 2019, 10-15-2019)