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(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
(A) Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in the chapter the doing of any act is required or the failure to do such act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this chapter shall be a Class 3 misdemeanor, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days. Each day that any violation of this chapter continues shall constitute a separate offense.
(B) Despite the provisions of division (A) above, violation of any provision of this chapter regulating the operation of any vehicle shall constitute an infraction, subject to the penalty provisions of G.S. §§ 14-3.1 and 14-4.
(C) In addition to or in lieu of the penalty provisions set forth above, the violator may be subject to one, all, or a combination of the remedies legal or equitable as authorized and prescribed by G.S. § 160A-175.
(D) (1) Without limiting division (C) above, any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty to follow the schedule below.
First citation | $50 |
Second citation | $200 |
Third citation | $500 |
(2) If the offender fails to pay this penalty within ten days after being notified of a violation, the penalty may be recovered by the town in a civil action in the nature of debt. Each day that any violation continues after the third civil penalty shall constitute a separate offense. For every day after the third civil citation the offender may be cited $500 a day per offense, or can be charged pursuant to division (A) above. Nothing in division (D) above shall limit the town ability to seek remedies through the courts on the first contact.
(E) The offender shall be given seven days before the first citation is issued to correct the offense or make efforts to begin correction of the offense. Nothing in this section shall limit the town’s ability to seek immediate corrective action on offenses that are temporary or pose a threat to the public health, safety, and welfare.
(F) In addition, the following fees shall be imposed if the town must recover the civil citation using a debt collection agency, lien on the property, or any other type of court proceeding:
(1) Photo fee: $5 for each photo;
(2) Inspection trips after imposition of initial civil penalty: $10 per trip;
(3) Certified mailings: cost of postage;
(4) Attorney fees: actual cost plus 10%;
(5) Court fees and cost: actual cost;
(6) Towing fees (generally collected by the tow operator, but if the city incurs any cost then the following will apply): actual cost plus 10%; and
(7) Storage fee (generally collected by the tow operator, but if the town occurs any cost the following shall apply): actual cost plus 10%.
(Prior Code, § 8-5001) (Ord. passed 4-10-2003; Ord. passed 9-21-2006)