§ 91.07 PRE-TOWING NOTICE REQUIRED.

   (A)   Except as set forth in division (C) below, a junked, abandoned or hazardous vehicle which is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the vehicle. In the case of a junked or hazardous vehicle, if the names and mailing addresses of the registered owner or person entitled to 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, the notice shall be sent by first class mail. If the information cannot be so ascertained, or if the vehicle to be removed is abandoned, notice shall be affixed to the vehicle in a conspicuous place.

   (B)   The notice required by division (A) above shall state why the vehicle is subject to removal and that the vehicle will be removed within seven days after the postmarked date or date of affixation of the notice unless removed prior to that time. Except in those instances where pre-towing notice is not required to be given, if the owner or person entitled to possession does not remove the vehicle but wished to appeal the Administrator’s determination that the vehicle is abandoned, is a safety or health hazard or, in the case of a junked vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, he or she may submit a written request to do so to the Administrator before the seven-day period has expired. The appeal shall be heard by the Town Manager within 30 days of the appeal and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.

   (C)   The requirement that notice be given prior to the removal of an abandoned, junked or hazardous vehicle may, as determined by the Administrator, be omitted in those circumstances where there is a special need for a prompt action to eliminate traffic obstruction or to otherwise maintain and protect the public safety and welfare. By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to business and residences, vehicles parked in a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. The findings shall, in all cases, be entered by the Administrator in the appropriate daily records.

(Ord. eff. 6-13-2005)

§ 91.08 REMOVAL OF VEHICLES; POST-TOWING NOTICE.

   (A)   The town may have vehicles removed under this chapter by private towing operators. Any abandoned, junked or hazardous vehicle which has been ordered removed may be removed to a storage area by the tow truck operator or towing business contracting to perform those services for the town.

   (B)   Whenever a vehicle with a valid registration plate or registration is removed, the Administrator shall immediately notify the last known registered owner of the vehicle, and the 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 which the owner must follow to redeem the vehicle; and

      (5)   The procedure to be followed to request a probable cause hearing.

   (C)   If the vehicle is registered in this state, notice shall be given within 24 hours from removal of the vehicle. Otherwise, notice shall be given to the registered owner within 72 hours from removal of the vehicle. This notice shall, if feasible, be given by telephone. Regardless of whether the owner is reached by phone, notice shall be sent to the owner at his or her last known address unless he or she, or his or her agent, waives this notice in writing.

   (D)   Whenever an abandoned, junked or hazardous vehicle is removed and the vehicle has no valid registration or registration plate, the Administrator shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner and to notify the owner of the information listed in division (B) above.

(Ord. eff. 6-13-2005)

§ 91.09 PROBABLE CAUSE HEARING PRIOR TO DISPOSITION.

   Any abandoned, junked or hazardous motor vehicle which is not claimed by the owner or other party entitled to possession may be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of the vehicle shall be earned out in accordance with G.S. Chapter 44A.

(Ord. eff. 6-13-2005)

§ 91.10 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.

   (A)   The town will not remove a vehicle from private property if the owner, occupant or lessee could have the vehicle removed under applicable state law procedures.

   (B)   Unless determined to be hazardous or junked motor vehicle by the Administrator, no vehicle shall be ordered removed by the town without prior written request from the owner, occupant or lessee.

   (C)   The town may require any person requesting the removal of a junked, abandoned or hazardous vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale of the vehicle.

(Ord. eff. 6-13-2005)

§ 91.11 IMMUNITY FROM CRIMINAL AND CIVIL ACTION.

   No person shall be held to answer in any criminal or civil action to any owner or other person legally entitled to possession of any junked, abandoned or hazardous motor vehicle for disposing of the vehicle as provided in this chapter.

(Ord. eff. 6-13-2005)