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(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)
Nothing in this chapter shall apply to any vehicle which meets the following conditions:
(A) The vehicle 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) The vehicle is in an enclosed building.
(C) One (1) junked motor vehicle in its entirety, is located in the rear yard as defined by the city's zoning ordinance if the junked motor vehicle is entirely concealed from public view by an approved motor vehicle cover. The approved motor vehicle cover must remain in good repair and must not be allowed to deteriorate.
(D) The vehicle is on the premises of a business enterprise being operated in a lawful place and manner and the vehicle is necessary to the operation of the enterprise.
(E) The vehicle is in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(F) The motor vehicle is used on a regular basis for business or personal use.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
No person shall be held to answer to any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, hazardous or junked motor vehicle, for disposing of such vehicle in accordance with the provisions of this chapter.
(Ord. passed 7-2-91; Am. Ord. O-1999-66, passed 10-5-99)
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