Regardless of whether a municipality does its own removal and disposal of motor vehicles or contracts with another person to do so, the town shall provide a hearing procedure for the owner. For purposes of this section, the definitions in G.S. 20-219.9 apply.
(1) If the town operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of G.S. ch. 20, art. 7A shall apply.
(2) If the town operates in such a way that it is responsible for collecting towing fees, it shall:
a. Provide by contract or ordinance for a schedule of reasonable towing fees;
b. Provide a procedure for a prompt fair hearing to contest the towing;
c. Provide for an appeal to district court from that hearing;
d. Authorize release of the vehicle at any time after towing by the posting of a bond or paying of the fees due; and
e. Provide a sale procedure similar to that provided in G.S. 44A-4 through 44A-6, except that no hearing in addition to the probable cause hearing is required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the town may destroy it.
(Code 1989, § 80.07)