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§ 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)
§ 93.14  EXCEPTIONS.
   Nothing in this chapter shall apply to any vehicle:
   (A)   Which is located in a bona 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)   Which is in an enclosed building;
   (C)   Which 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; or
   (D)   Which is in an appropriate storage place or depository maintained in a lawful place and manner by the town.
(Ord. passed 3-14-1994)
§ 93.15  UNLAWFUL REMOVAL OF IMPOUNDED VEHICLE.
   It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this code unless and until all towing and impoundment fees which are due, or bond in lieu of the fees, have been paid.
(Ord. passed 3-14-1994)  Penalty, see § 10.99