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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)
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)
(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)
As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable law. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle which has been ordered removed by the code enforcement officer. The town may require any person requesting the removal of an abandoned or nuisance vehicle from private property to indemnify the town against any loss, expense or liability incurred because of its removal, storage or sale.
(Ord. passed 12-16-2019)
No person shall be held to answer in a civil or criminal action to any owner or other person legally entitled to the possession of an abandoned or nuisance vehicle for disposing of such vehicle as provided in this chapter.
(Ord. passed 12-16-2019)
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