§ 81.07 RESPONSIBILITY FOR COSTS OF REMOVAL.

   (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)

§ 81.08 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.

   (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)

§ 81.09 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF THE VEHICLE.

   (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)

§ 81.10 REDEMPTION OF VEHICLE DURING PROCEEDINGS.

   Unless such vehicle is being detained by police as evidence, in accordance with G.S. § 20-219.12 the vehicle owner may obtain possession of a removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle.

(Ord. passed 12-16-2019)

§ 81.11 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.

   (A)   Consent of owner. With the consent of the registered owner, the town or tow truck operator may dispose of any vehicle without holding it for any prescribed period of time.

   (B)   Sale of vehicle. An abandoned or nuisance vehicle shall be held for a period of at least 30 days, during which time the owner may claim it by exhibiting proof of ownership to the town or towing business having custody of the vehicle and by paying the costs incidental to its towing and storage. After being held for 30 days, a vehicle may be sold in accordance with the provisions of G.S. §§ 44A-4, 44A-5, and 44A-6, provided that, if the town is responsible for collecting towing or removal fees, no hearing in addition to the probable cause hearing described in § 81.09 shall be required. If no one purchases the vehicle at the sale, and if the value of the vehicle is less than the amount of the lien, the town may destroy the vehicle.

(Ord. passed 12-16-2019)