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(A) The requirement that notice be given prior to the removal of an abandoned, nuisance, 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 the following.
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Board of Commissioners 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;
(e) Parked in bus zones;
(f) Parked in violation of temporary parking restrictions; or
(g) Obstructing emergency equipment and personnel.
(2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on town-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 and maintain the public health, safety, and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress 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.
(3) Vehicles on town-owned property. Abandoned or nuisance vehicles left on town- owned property longer than 24 hours will be towed at the owner’s expense.
(Prior Code, § 8-3007) (Ord. passed 4-10-2003)
(A) Any abandoned, nuisance, or junked motor vehicle which has been ordered removed may, as directed by the Town Coordinator or Police Chief or their designee, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the town.
(B) Whenever such a vehicle is removed, the authorizing town 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.
(C) The town 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 divisions (B)(1) through (B)(5) above, shall also be mailed to the registered owner’s last known address, unless this notice is waived in writing by the vehicle owner or his or her agent.
(D) If the vehicle is registered in the state, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of the vehicle.
(E) Whenever an abandoned, nuisance, or junked motor vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing city official shall have reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her of the information set forth in divisions (B)(1) through (B)(5) above.
(Prior Code, § 8-3008) (Ord. passed 4-10-2003)
(A) After the removal of an abandoned vehicle, nuisance 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.
(B) 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.
(Prior Code, § 8-3009) (Ord. passed 4-10-2003)
(A) 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.
(B) 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.
(Prior Code, § 8-3010) (Ord. passed 4-10-2003)
Any abandoned, nuisance, 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 a vehicle shall be carried out in coordination with the town in accordance with G.S. Chapter 44A, Article 1.
(Prior Code, § 8-3011) (Ord. passed 4-10-2003)
As a general policy, the town 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 town from private property without a written request of the owner, occupant, or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the Town Coordinator or Police Chief or their designee. The town may require any person requesting the removal of an abandoned, nuisance, or junked motor vehicle from private property to indemnify the town against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
(Prior Code, § 8-3012) (Ord. passed 4-10-2003)
No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance, or junked motor vehicle, for disposing of such vehicle as provided in this chapter.
(Prior Code, § 8-3013) (Ord. passed 4-10-2003)
(A) Nothing in this chapter shall apply to any vehicle:
(1) Which is located in a bona fide “automobile graveyard” or “junkyard” as defined in §§ 136-141 et seq.;
(2) Which is in an enclosed building;
(3) Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or
(4) Which is an appropriate storage place or depository maintained in a lawful place and manner by the town.
(B) For the purposes of this section, the term LAWFUL PLACE AND MANNER shall include, but not be limited to, strict compliance with the city’s zoning ordinance. A vehicle is NECESSARY TO THE OPERATION OF THE ENTERPRISE shall mean, but not be limited to, the clear, active use or involvement of the vehicle in the operation of the business enterprise. Mere storage or idle standing of a vehicle does not constitute a vehicle necessary to the operation of the business.
(C) Junk, abandoned, or nuisance vehicles shall hereby be permitted after the issuance of a permit by the Board of Commissioners of Commissioners and subject to the vehicles meeting each of the following requirements.
(1) A business that qualifies for the possession of junk, abandoned, or nuisance vehicle may have the vehicle placed within a designated storage area. The storage area must be on premises and screened from view from all abutting properties and public streets.
(2) Junk, abandoned, or nuisance vehicles must be placed behind an opaque screening composed of fencing and shrubs. The amount of vegetative screening shall be determined by using the Zoning Code requirements.
(Prior Code, § 8-3014) (Ord. passed 4-10-2003)
It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this chapter unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.
(Prior Code, § 8-3015) (Ord. passed 4-10-2003) Penalty, see § 92.99
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