(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)