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(A) Except as set forth in § 90.07 below, an abandoned, hazardous 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. In the case of a hazardous 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. 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. If such names and addresses cannot be ascertained or 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 city on a specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is removed by the owner or legal possessor prior to that time.
(B) With respect to abandoned vehicles on private property, hazardous vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a hazardous vehicle, or in the case of a junked motor vehicle, that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the City Council in writing, heard at the next regularly scheduled meeting of the City Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
(A) The requirement that notice be given prior to the removal of an abandoned, hazardous 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. Such 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 include:
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the City Council hereby determines that immediate removal of such 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; and/or
(e) Parked in violation of temporary parking restrictions imposed under code sections.
(2) Other abandoned or hazardous vehicles. With respect to abandoned or hazardous vehicles left on city-owned property other than the streets and highways and on private property, such 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, such circumstances include vehicles blocking or obstructing entrances or exits to businesses and residences; vehicles parked in such a location or manner as to pose a traffic hazard; and vehicles causing damage to public or private property.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
(A) Any abandoned, hazardous or junked motor vehicle which has been ordered removed may, as directed by the city, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the city. Whenever such a vehicle is removed, the authorizing city official shall immediately notify the last known registered owner of the vehicle, such 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 city 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)(1) through (5) of this section, shall also be mailed to the registered owner's last know address, unless this notice is waived in writing by the vehicle owner or his agent.
(C) If the vehicle is registered in this state, notice shall be given within 24 hours. If the vehicle is not registered in this state, notice shall be given to the registered owner within 72 hours from the removal of the vehicle.
(D) Whenever an abandoned, hazardous or junked motor vehicle is removed, and such 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 of the information set forth in division (A)(1) through (5) of this section.
(Ord. passed 7-2-91: Am. Ord. O-1999-66, passed 10-5-99)
After the removal of an abandoned vehicle, hazardous 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 such 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 7-2-91; Am. Ord O-1999-66, passed 10-5-99)
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 such 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 7-2-91 am. Ord O-1999-66, passed 10-5-99)
Any abandoned, hazardous 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. Disposition of such vehicles shall be carried out in coordination with the city and in accordance with G.S. §§ 44A-1 through 44A-6.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
As a general policy, the city will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the city from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a hazardous vehicle or is a junked motor vehicle which has been ordered removed by the authorizing official. Any person requesting the removal of an abandoned, hazardous or junked motor vehicle from private property shall indemnify the city against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
It shall be unlawful for any person to remove or attempt to remove from any storage facility desig-nated by the city 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 such fees, have been paid.
(Ord. passed 7-2-91: am. Ord. O-1999-66, passed 10-5-99)
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