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(A) Except as set forth in § 81.06, an abandoned or nuisance vehicle that is to be removed shall be towed at the direction of the town only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located, can be ascertained in the exercise of reasonable diligence, notice to remove the vehicle within 15 days from receipt of the notice shall be given by certified mail or by hand delivery by the appropriate authorizing official. The person who mails or hand delivers the notice shall retain a written record to show the names and addresses to which the notice was mailed or delivered and the date of such mail or delivery.
(B) If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned vehicle, or if notice attempted in accordance with division (A) above is refused by addressee, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town no sooner than 15 days for a nuisance vehicle, or seven days for an abandoned vehicle, after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time. Notice may be given in such a manner concurrently with notice given in accordance with subdivision (A) above, even where such notice is properly given and accepted by the addressee.
(C) With respect to abandoned or nuisance vehicles for which notice is required to be given, 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 abandoned or nuisance vehicle, such appeal shall be made in writing and delivered to the Town Manager within seven days of the owner's receipt of notice of removal. The appeal shall be heard by the Town Manager within ten days of receipt of the appeal. Further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. In the event the owner or person entitled to possession fails to reasonably pursue the appeal, the appeal shall be deemed abandoned and the vehicle ordered removed.
(Ord. passed 12-16-2019)
The requirement that notice be given prior to the removal of an abandoned or nuisance vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is special need for prompt action to eliminate a traffic obstruction or otherwise maintain and protect the public safety and welfare. Such findings shall be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of a vehicle without prior notice include:
(A) Vehicles abandoned on the streets. For a vehicle left on the public streets and highways, a law enforcement officer may determine that immediate removal of such vehicle is warranted if the vehicle is:
(1) Obstructing traffic;
(2) Parked in violation of an ordinance prohibiting or restricting parking;
(3) Parked in a no stopping or standing zone;
(4) Parked in a loading zone;
(5) Parked in a bus zone; or
(6) Parked in violation of temporary parking restrictions imposed under any state or local law.
(B) Other abandoned or nuisance vehicles. With respect to an abandoned or nuisance vehicle left on property other than the streets and highways, such a vehicle may be removed without giving prior notice only in circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, such circumstances include those in which a vehicle is blocking or obstructing ingress or egress to a businesses or residence, poses a traffic hazard, or is causing damage to public property or to the private property of another.
(Ord. passed 12-16-2019)
(A) Owner responsible for removal costs. Except as provided at division (B), if an abandoned vehicle or nuisance vehicle is removed by or at the direction of the town, the vehicle owner shall pay all reasonable costs incidental to the removal and storage of such vehicle and incidental to locating the owner thereof.
(B) Town to pay costs of removing nuisance vehicles in certain cases. If a vehicle is declared to be a nuisance vehicle, the property owner may, upon written request and waiver of any claim for damages, request that the town remove the vehicle at no expense. In order to have a vehicle removed at no expense to the property owner, a signed consent form and vehicle title of ownership must be given to the town and the towing company. If the above-stated requirements are not provided to the town, civil penalties shall be issued for a maximum of 10 days for each day the vehicle remains in violation. If the vehicle remains on the property in excess of 10 days, the violation and civil penalties may be handled as a civil action in small claims court and the vehicle may be ordered to be removed from the property.
(Ord. passed 12-16-2019)
(A) Any abandoned or nuisance vehicle which has been ordered to be removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the town. In accordance with G.S. § 20-219.11, whenever such a vehicle is removed, the authorizing official shall immediately notify the last known registered owner of the vehicle, such notice shall include the following:
(1) The description of the removed vehicle;
(2) The location where the vehicle is stored;
(3) The violation with which the owner is charged, if any;
(4) The procedure the owner must follow to redeem the vehicle; and
(5) The procedure the owner must follow to request a probable cause hearing on the removal.
(B) If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this state, notice shall be given to the owner within 72 hours from the removal of the vehicle. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing.
(C) Whenever an abandoned or nuisance vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her of the information set forth in divisions (A)(1) through (A)(5) of this section.
(Ord. passed 12-16-2019)
(A) After the removal of an abandoned vehicle or nuisance vehicle, the owner or any person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle as provided at G.S. § 20-219.11. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. § 20-219.11.
(B) The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower's lien continues. If the magistrate finds that probable cause did not exist, the tower's lien is extinguished.
(C) Any aggrieved party may appeal the magistrate's decision to district court.
(D) The town shall pay the towing and storage charges if the court's final decision is that no probable cause existed for the tow.
(Ord. passed 12-16-2019)
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