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After removal of a vehicle declared to be an abandoned, junked or nuisance vehicle, the owner or other person entitled to possession may request in writing a hearing to determine if probable cause existed for removing the vehicle. The requests must be filed with the magistrate in the county where the vehicle is towed. The magistrate will set the hearing within 72 hours of receipt of the request and a hearing will be conducted in accordance with the provisions of G.S. § 20-219.11.
(Ord. 2024-07, passed 8-13-2024)
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. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not engage in further violations of this subchapter.
(Ord. 2024-07, passed 8-13-2024)
(A) With the consent of the owner, the designated city official may dispose of any vehicle as a junked motor vehicle without holding it for any period of time.
(B) Any abandoned, hazardous or junked motor vehicle which is not claimed by the owner or other party entitled by possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such vehicles shall be carried out in coordination with the town and in accordance with G.S. §§ 44A-1 through 44A-6.
(Ord. 2024-07, passed 8-13-2024)
Neither the town or any person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any junked, lost, abandoned or stolen vehicle for disposing of such vehicle as contemplated by this subchapter.
(Ord. 2024-07, passed 8-13-2024)
Nothing in this subchapter shall apply to any vehicle, which meets the following conditions:
(A) The vehicle is located in a bona fide automobile graveyard or junkyard as defined in G.S. § 136-143, in accordance with the Junkyard Control Act.
(B) The vehicle is in an approved enclosed building for purposes of housing motor vehicles.
(C) A maximum of one junked motor vehicle of a singular model and year maybe located in the rear yard, as defined by the town’s zoning ordinance, if the junked motor vehicle is entirely concealed from public view by an approved motor vehicle cover. The approved motor vehicle cover must remain in good repair and must not be allowed to deteriorate.
(D) The vehicle is in an appropriate storage place or depository maintained in a lawful place and manner by the town.
(Ord. 2024-07, passed 8-13-2024)
Whenever any motor vehicle which has been removed pursuant to this chapter shall remain unsold for a period of 60 days from and including the day of its removal, such vehicle may be destroyed or otherwise disposed of by the town official charged with its safekeeping. Notice of any such destruction or disposition shall be given to the State Department of Motor Vehicles, such notice to include all information on which can be reasonably ascertained to identify such vehicle.
(1987 Code, § 8-3-11)
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