(A) With the consent of the owner, the town may dispose of any vehicle holding it for any prescribed period of time.
(B) Except as provided in division (A) above, any unclaimed junked or abandoned motor vehicle shall be held for a period of at least 30 days. The owner of any such vehicle may claim his or her vehicle during the 30-day retention period by exhibiting proof of ownership to the town, and by paying all reasonable costs incident to the removal and storage of the vehicle plus administrative expenses. If after the vehicle is held 30 days it remains unclaimed, such vehicle may be sold at a private sale as herein provided.
(C) (1) Notice of the impending sale shall be given to the Department of Motor Vehicles stating that a lien is asserted and a sale is proposed, and a fee of $4 shall be sent with the notice. The notice shall include the date the lien arose, the basis for the lien, the amount of the lien, the fact that no hearing is required prior to the sale in accordance with G.S. § 160A-303(d)(2)(e). The vehicle may then be sold at private sale upon notice mailed not less than 30 days before the date of the proposed sale to the last known registered owner, the person with whom the town has dealt (if different), to each secured party or person claiming an interest in the vehicle who is actually known or can be reasonably ascertained.
(2) The notice shall state:
(a) The town claims a lien on the vehicle and the town’s address;
(b) The name of the last registered owner, the name of any other person with whom the town has dealt;
(c) A description of the vehicle;
(d) The amount due;
(e) The place of the sale; and
(f) The time and date of sale.
(3) If, prior to the sale, the owner thereof or any person claiming a lien thereon or interest therein notifies the town that public sale is requested, no private sale shall be made. After such request, notice of the public sale shall be given as if no notice of sale by private sale had been given. No less than 20 days prior to a public sale, the town shall notify the Division of Motor Vehicles of the proposed sale on the form prescribed by the Commissioner of Motor Vehicles under the provisions of G.S. § 20-114(c). Notice shall also be mailed at least 20 days before the proposed sale to the last known registered owner, to the person with whom the town has dealt (if different), to secured parties and all who claim an interest in the vehicle if actually known or reasonably ascertainable. Notice shall also be posted at the county courthouse door at least 20 days before the proposed sale. Notice of the public sale shall contain the same information as required above in this division (C) for notices of private sale. Notice of the public sale shall also be published not less than once a week for two consecutive weeks in the Carteret County News-Times, the date of last publication being not less than five days prior to sale. The public sale must not be held on Sunday, must be held between 10:00 a.m. and 4:00 p.m., and must be held in the county. The proceeds of sale, public or private, shall be applied to the reasonable expenses of the sale, payment of towing and storage charges, and any surplus to the persons entitled thereto, but when such persons cannot be found or there is a dispute as to whom is entitled to the surplus, the surplus shall be paid to the Clerk of the Superior Court to be held for the person or persons entitled thereto. A purchaser for value at a properly conducted sale, and a purchaser for value without constructive notice of a defect in the sale, acquires title to the vehicle free of any interests over which the lien created by this division (C) has precedence. The town shall not purchase any vehicle sold at private sale and shall not be entitled to acquire title to the vehicle free of other liens if purchased at a public sale. If no one purchases the vehicle and its value is less than the amount of the lien for towing and storage, the town may have it destroyed.
(1991 Code, § 11-115) (Ord. passed 8-19-1986)