(A) Abandoned motor vehicles.
(1) Whenever any motor vehicle is abandoned on a public street, alley, or highway, on property owned or operated by the town, or on private property, such vehicle may be removed by or under the direction of the Chief of Police or the Zoning Administrator to a storage garage or area.
(2) However, no such vehicle shall be removed from private property without the written request or permission of the owner, lessee, or occupant thereof unless the same has been declared by the Chief of Police, Zoning Administrator or the Board of Commissioners to be a health or safety hazard, in which case the vehicle may be towed in accordance with this section.
(B) Junked motor vehicles. Any junked motor vehicles found to be in violation of this chapter may be removed to a storage garage or area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the Chief of Police, Zoning Administrator or the Board of Commissioners finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood, or area appearance. The following, among other relevant factors, may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness, and emotional stability of area residents.
(C) Notice and hearing procedure.
(1) Towing notification. Whenever a vehicle is towed pursuant to this section, the town staff shall immediately notify the last known registered owner of the vehicle of the following:
(a) A description of the vehicle;
(b) The place where the vehicle is stored;
(c) The violation with which the owner is charged, if any;
(d) The procedure the owner must follow to have the vehicle returned to him, her, or them; and
(e) The procedure the owner must follow to request a probable cause hearing on the towing.
(2) Notice of registered vehicles.
(a) If the vehicle has a state registration plate or state vehicle registration, the town staff shall give notice to the owner within 24 hours after the towing; if the vehicle is not registered in the state, notice shall be given to the owner within 72 hours after the towing.
(b) This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, written notice shall be mailed to his, her, or their last known address by first class mail and certified mail, unless owner or the owner’s agent waives this notice in writing.
(3) Notice of unregistered vehicles.
(a) No pre-towing notice is required for any vehicle that impedes the flow of traffic or otherwise jeopardizes the public welfare so that immediate towing is necessary.
(b) After the towing is complete, the town staff shall provide the post-towing notice required by this section.
(c) Whenever a vehicle has neither a valid registration plate nor a valid registration, the town staff shall make reasonable efforts to provide notice of towing, including the following:
(a) Check the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him, her, or them of the information listed in division (C)(1) above within a reasonable time after the towing; and
(b) Post written notice on the windshield of the vehicle or some other conspicuous place at least seven days before the towing occurs.
(4) Hearing.
(a) The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with a county magistrate. The magistrate shall set the hearing within 72 hours of receiving the request. 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.
(b) 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 testifying.
(c) The only issue at the hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. The town shall provide compensation to the tower if the magistrate finds no probable cause existed for the towing.
(d) Any aggrieved party may appeal the magistrate’s decision to District Court.
(5) Possession. At any stage in the proceedings, including before the probable cause hearing, the vehicle owner may obtain possession of his, her, or their vehicle by:
(a) Paying the towing fee; or
(b) Posting a bond for double the amount of the towing fee.
(6) Contesting the lien. The tower may seek to enforce his, her, or their lien or the owner may seek to contest the lien pursuant to G.S. Ch. 44A.
(Prior Code, § 8-15) Penalty, see § 10.99