(A) Regardless of whether the city does its own removal and disposal of motor vehicles or contracts with another person to do so, the city shall provide a prior hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. § 20-219.9 apply.
(B) If the city operates in such a way that the person who tows the vehicle is responsible for all towing fees, all provisions of G.S. §§ 20-219.9 through 219.14 shall apply.
(C) If the city operates in such a way that it is responsible for collecting towing fees, it shall:
(1) Provide by contract or ordinance for a schedule of reasonable fees;
(2) Provide for a procedure for prompt and fair hearing to contest the towing; said hearing shall be conducted by the City Manager within 48 hours of the towing;
(3) Provide for an appeal to district court from that hearing which shall be within ten days of the decision of the City Manager;
(4) Authorize the release of the vehicle at any time after towing by posing of a bond and paying of the fees due; and
(5) Provide a sale procedure similar to that provided in G.S. §§ 44A-4, 44A-5 and 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 city may destroy it.
(Ord. 96-8-1, passed 8-23-96; Am. Ord. 14-09-01, passed 9-9-14)
Statutory reference:
Statutory liens and charges and possessory liens on personal property, see G.S. §§ 44A-1 et seq.
Towing procedures, notice and hearings, see G.S. §§ 20-219.1 et seq.