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§ 96.07 REMOVAL OF ABANDONED, HAZARDOUS OR JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS; APPEALS.
   (A)   Except as set forth in § 96.08 below, an abandoned, hazardous or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a hazardous vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, notice shall be given by first class mail to all such parties. Such notice shall include notification to the registered owner of the vehicle at his or her last known address according to the latest registration certificate or certificate of title on file with the North Carolina Division of Motor Vehicles; notice to the owner of real property at the mailing address listed with the Forsyth County Tax Administration office; and notice to the address of the property on which the vehicle is located. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the village on a specific date no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
   (B)   Appeals. The registered owner or person entitled to possessing a vehicle which has been determined to be an abandoned vehicle on private property, hazardous vehicle or junked motor vehicle who has received a notice pursuant to division (A) that the vehicle will be removed may appeal the determination. Any appeal shall be made within ten days upon receipt of the notice for removal of the vehicle as provided in division (A). All appeals shall be made to the Village Council in writing filed with the Village Clerk. Appeals held pursuant to this section shall be conducted by the Village Council within 45 days after the receipt of a request for a hearing, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(Ord. 2021-04, passed 3-8-21)
§ 96.08 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.
   (A)   The requirement that notice be given prior to the removal of an abandoned, hazardous or junked motor vehicle may, as determined by the authorizing official be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall in all cases be entered by the authorizing official in appropriate written records.
   (B)   Circumstances justifying the removal of vehicles without prior notice include:
      (1)   Vehicles abandoned on the public streets. For vehicles left on the public streets and highways, the Forsyth County Sheriff's Office, the Village Manager or his or her designee hereby determines that immediate removal of such vehicles may be warranted when they are:
         (a)   Obstructing traffic;
         (b)   Parking in violation of an ordinance prohibiting or restricting parking;
         (c)   Parked in a no-stopping or standing zone;
         (d)   Parked in loading zones;
         (e)   Parked in bus zones; or
         (f)   Parked in violation of temporary parking restrictions imposed under any village ordinance.
      (2)   Other abandoned or hazardous vehicles. With respect to abandoned or hazardous vehicles left on village owned property other than the streets and highways and on private property, such vehicles may be removed without giving prior notice in those 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 vehicles blocking or obstructing ingress or egress to businesses and residences; vehicles parked in such a location or manner as to pose a traffic hazard, or vehicles causing damage to public or private property.
      (3)   Vehicles left on private property. A vehicle may be removed that has been left on private property without the consent of the owner, occupant or lessee thereof for longer than two hours and the owner, occupant or lessee has complied with § 96.13 of this chapter, or in those circumstances where there is a finding of a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorized official in the appropriate written records.
(Ord. 2021-04, passed 3-8-21)
§ 96.09 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.
   (A)   Any abandoned, hazardous or junked vehicle which has been ordered removed may, as directed by the proper authorizing official of the village, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the village. Whenever such a vehicle is removed, the authorizing village official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:
      (1)   A description of the vehicle;
      (2)   The place where the vehicle is stored;
      (3)   The violation with which the owner is charged, if any;
      (4)   The procedure the owner must follow to have the vehicle returned to him or her; and
      (5)   The procedure the owner must follow to request a probable cause hearing on the towing.
   (B)   The village shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (A)(1) through (A)(5) above, shall also be mailed to the registered owner's last known address, unless the notice is waived in writing by the vehicle owner or his or her agent.
   (C)   If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours of the removal of the vehicle.
   (D)   Whenever an abandoned, hazardous or junked motor vehicle is removed and such vehicle has no valid registration or registration plates, the authorizing village 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) above.
(Ord. 2021-04, passed 3-8-21)
§ 96.10 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.
   After the removal of an abandoned vehicle, hazardous vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with a Magistrate. 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, as amended.
(Ord. 2021-04, passed 3-8-21)
§ 96.11 REDEMPTION OF VEHICLE DURING PROCEEDINGS.
   At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the 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. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this chapter.
(Ord. 2021-04, passed 3-8-21)
§ 96.12 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.
   Any abandoned, hazardous or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such vehicle shall be carried out in accordance with G.S. §§ 44A-1 through 44A-6.
(Ord. 2021-04, passed 3-8-21)
§ 96.13 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.
   Except as provided in § 96.06(B), as a general policy, the village will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state laws. In no case will a vehicle be removed by the village from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a hazardous vehicle or is a junked motor vehicle which has been ordered removed by the Village Manager or his or her designee pursuant to § 96.06(B). The village shall require any person requesting the removal of an abandoned, hazardous or junked motor vehicle from private property to indemnify the village against any loss, expense or liability incurred because of the removal, storage, or sale thereof.
(Ord. 2021-04, passed 3-8-21)
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