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§ 93.07  EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.
   (A)   The requirement that notice be given prior to the removal of an abandoned, nuisance, 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.  The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records.
   (B)   Circumstances justifying the removal of vehicles without prior notice includes;
      (1)   Vehicles abandoned on the streets.  For vehicles left on the public streets and highways, the Town Council hereby determines that immediate removal of the vehicles may be warranted when they are:
         (a)   Obstructing traffic;
         (b)   Parked 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; and/or
         (f)   Parked in violation of temporary parking restrictions imposed under code sections.
      (2)   Other abandoned or nuisance vehicles.  With respect to abandoned or nuisance vehicles left on city-owned property other than the streets and highways, and on private property, the vehicles may be removed without giving prior notice only 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, the circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.
(Ord. passed 3-14-1994)
§ 93.08  REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.
   (A)   Any abandoned, nuisance, or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the town truck operator or towing business contracting to perform the services for the town.  Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, the notice to 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 the owner must follow to redeem the vehicle; and
      (5)   The procedure the owner must follow to request a probable cause hearing on the removal.
   (B)   The town 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 division (A) above, shall also be mailed to the registered owner's last known address, unless this 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 from the removal of the vehicle.
   (D)   Whenever an abandoned, nuisance, or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing city 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 division (A) above.
(Ord. passed 3-14-1994)
§ 93.09  RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.
   After the removal of an abandoned vehicle, nuisance 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 the county magistrate designated by the chief district court judge to receive the 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, as amended.
(Ord. passed 3-14-1994)
§ 93.10  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 the 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. passed 3-14-1994)  Penalty, see § 10.99
§ 93.11  SALE AND DISPOSITION OF UNCLAIMED VEHICLE.
   (A)   Any abandoned, nuisance, 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.
   (B)   Disposition of the vehicle shall be carried out in coordination with the city and in accordance with G.S. Ch. 44A, Art. 1.
(Ord. passed 3-14-1994)
§ 93.12  CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.
   (A)   As a general policy, the town will not remove a vehicle from private property if the owner, occupant, or lessee of the property could have the vehicle removed under applicable state law procedures.
   (B)   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 or is a junked motor vehicle which has been ordered removed by the Town Manager.
   (C)   The town may require any person requesting the removal of an abandoned, nuisance, or junked motor vehicle from private property to indemnify the town against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
(Ord. passed 3-14-1994)
§ 93.13  PROTECTION AGAINST CRIMINAL OR CIVIL LIABILITY.
   No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned nuisance or junked motor vehicle, for disposing of the vehicle as provided in this chapter.
(Ord. passed 3-14-1994)
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