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(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)
Nothing in this chapter shall apply to a vehicle:
(A) Which is located in a bona fide automobile graveyard or junkyard, as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. §§ 136-141 et seq.;
(B) Which is in an enclosed accessory building;
(C) Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or
(D) Which is an appropriate storage place or depository maintained in a lawful place and manner.
(Ord. passed 12-16-2019)
It shall be unlawful for any person to remove or attempt to remove from any storage facility any vehicle which has been impounded pursuant to the provisions of this chapter unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid. Any person who violates this section shall be guilty of a Class 3 misdemeanor and subject to a fine of up to $500 for each violation.
(Ord. passed 12-16-2019)