(A) A person wishing to contest a citation shall, within 30 days after receiving the citation, deliver to the officials or agents of the county a written request for a hearing accompanied by an affidavit stating the basis for contesting the citation, including, as applicable:
(1) The name and address of the person other than the registered owner who had the care, custody, or control of the vehicle;
(2) A statement that the vehicle involved was stolen at the time of the violation, with a copy of any insurance report or police report supporting this statement;
(3) A statement that the citation was not received within 60 days after the date of the violation, and a statement of the date on which the citation was received; or
(4) A copy of a criminal pleading charging the person with a violation of G.S. § 20-217 arising out of the same facts as those for which the citation was issued.
(B) If the person to whom a citation is issued makes a timely request for a hearing under division (A) above, a summons shall be issued by any method permitted for service of process pursuant to G.S. § 1A-1, Rule 4 of the North Carolina Rules of Civil Procedure, directing the person to appear at a place and time specified in the summons in order to contest the citation at an administrative hearing.
(C) (1) A non-judicial administrative hearing shall be conducted by an administrative appeals board established by the county for contested citations or penalties issued or assessed under this subchapter.
(2) The decision on a contested citation shall be rendered in writing within five days after the hearing and shall be served upon the person contesting the citation by any method permitted for service of process pursuant to G.S. § 1A-1, Rule 4 of the North Carolina Rules of Civil Procedure. If the decision is adverse to the person contesting the citation, the decision shall contain instructions explaining the manner and the time within which the decision may be appealed pursuant to division (D) below.
(D) A person may appeal an adverse decision of the administrative appeals board to the County, North Carolina District Court by filing a notice of appeal with the County Clerk of Superior Court. Enforcement of an adverse decision shall be stayed pending the outcome of a timely appeal. Except as otherwise provided in this section, appeals shall be in accordance with the procedure set forth in G.S. Chapter 7A, Article 19 applicable to appeals from the Magistrate to the District Court. For purposes of calculating the time within which any action must be taken to meet procedural requirements of the appeal, the date upon which the person contesting the citation is served with the adverse decision shall be deemed the date of entry of judgment.
(Ord. 2023-06-02, passed 6-5-23)