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(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)
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)
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)
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)
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)
Any person who removes a vehicle pursuant to this chapter shall not be held liable for damages for the removal of the vehicle to the owner, lien holder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(Ord. 2021-04, passed 3-8-21)
Nothing in this chapter shall apply to any vehicle which meets the following conditions:
(A) The vehicle is located in a bone 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) The vehicle is in an enclosed building;
(C) One junked motor vehicle in its entirety, is located in the rear yard as defined by the Village's Unified Development Ordinance for no more than 60 calendar days if the junked motor vehicle is entirely concealed from public view by an approved motor vehicle cover. The approved motor vehicle cover must remain in good repair and must not be allowed to deteriorate;
(D) The vehicle 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;
(E) The vehicle is in an appropriate storage place or depository maintained in a lawful place and manner by the municipality; or
(F) The motor vehicle is used on a regular basis for business or personal use.
(Ord. 2021-04, passed 3-8-21)
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