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(A) Except as set forth in § 95.07 below, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle.
(B) In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the 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 given by first class mail.
(C) The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed.
(D) If names and addresses cannot be ascertained of if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specific date, no sooner than 7 days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(E) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession chooses to appeal the determination that the vehicle is abandoned, is a nuisance vehicle or, in the case of a junked motor vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, the appeal shall be made only after the vehicle has been towed and during the right to probable cause hearing outlined in § 95.09 below.
(1981 Code, § 16-6) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)
(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.
(B) The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include, among others, the following.
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Town Council hereby determines that immediate removal of a vehicle may be warranted when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance prohibiting or restricting parking, parked in a no-stopping or standing zone;
(c) Parked in loading zones;
(d) Parked in bus zones; or
(e) Parked in violation of temporary parking restriction imposed pursuant to ordinance.
(2) Other abandoned or nuisance vehicles.
(a) With respect to abandoned or nuisance vehicles left on town-owned property other than the streets or highways, and on private property, 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.
(b) By way of illustration and not of limitation, like circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or manner so as to pose a traffic hazard, and vehicles causing damage to public or private property.
(1981 Code, § 16-7) (Ord. passed 3-26-1990)
(A) Any abandoned, nuisance or junked motor vehicles which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform services for the town.
(B) Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, 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.
(C) 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 divisions (B)(1) through (5) above, shall also be mailed to the registered owner's last know address, unless this notice is waved in writing by the vehicle owner or his or her agent.
(D) 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.
(E) Whenever an abandoned, nuisance or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing town 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 (B)(1) through (5) above.
(1981 Code, § 16-8) (Ord. passed 3-26-1990)
(A) 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.
(B) A request for hearing must be filed in writing with the Town Council within 5 days of receiving the post towing notice.
(C) Failure to notify the Town Council, as provided by this section, shall be deemed a waiver of the right to a hearing.
(D) At the hearing the owner of the vehicle will have an opportunity to present evidence in order to show cause why the sale or disposition of the vehicle should not occur in accordance with this chapter.
(E) The owner has the right to have counsel present at the hearing.
(F) The Town Council shall serve as the hearing officer, shall conduct the hearing at their next regularly scheduled meeting, shall conduct the hearing in accordance with the procedures stated in this section, and shall prepare a written report within 5 days of the hearing stating their conclusions concerning whether the vehicle was in violation of this chapter and the reasons and evidence upon which the conclusion has been based.
(G) The written report shall determine that the vehicle shall either be disposed of in accordance with this chapter or be immediately returned to the registered owner.
(H) If the Town Council determines that the vehicle was not in violation of this chapter, then it must be immediately returned to the registered owner and the owner not charged with the cost of removal expenses. A copy of the report shall be mailed to the owner and the town shall retain the original report.
(I) The owner, the person who requested the hearing if someone other than the owner, the tower and the person who authorized the towing shall be notified of the time and place of the hearing.
(J) The owner, the tower, the person who authorized the towing and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(K) The only issue at this hearing is whether or not probable cause existed for the towing. If the Town Council finds that probable cause did exist, the charge for towing and storage continues. If the Town Council finds that probable cause did not exist, the charge for towing and storage will be paid by the town.
(1981 Code, § 16-9) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)
(A) 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 fees and charges to the tow truck operator or towing business having custody of the removed vehicle.
(B) 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.
(1981 Code, § 16-10) (Ord. passed 3-26-1990)
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