(A) Removal of vehicles generally. Whenever any abandoned motor vehicle, junked motor vehicle, or safety hazard vehicle is left on the public streets or public grounds, said vehicle may be removed under the direction of a Code Enforcement Officer or law enforcement officer by a private tower to a storage garage or area. A vehicle on private property that has been declared to be a safety hazard vehicle by the Code Enforcement Officer, pursuant to § 93.01 of this chapter, may be removed by a private tower at the direction of the town without the consent of the owner of the vehicle or private property. Prior to removing such safety hazard vehicle from private property, the town shall attach a notice to the vehicle stating the nature of the safety hazard and indicating that the vehicle is subject to removal within seven days if the safety hazard is not eliminated. The town shall also provide the same notice to the owner, lessee or occupant of the premises, either by personal service or certified mail, prior to removal of the safety hazard vehicle. The owner of such vehicle may obtain possession thereof by paying to the private tower all reasonable costs incident to the removal and storage of the vehicle and locating the owner of the vehicle.
(B) Sale or disposition generally. Subject to the right of a prior hearing as set forth in § 93.10 of this chapter, a private tower is hereby authorized to sell or dispose of abandoned motor vehicles, junked motor vehicles, or safety hazard vehicles. The sale or disposition of such vehicles shall be by private sale similar to that provided for in G.S. Chapter 44A; except that, no additional 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 private tower holding a lien against such vehicle may dispose of it in accordance with applicable law.
(C) Procedure for sale. Pursuant to G.S. § 44A-4(c), the sale shall be by private sale in any such manner that is commercially reasonable. Such sale may not be made until notice has been given to the state’s Commissioner of Motor Vehicles on a form approved by the Commissioner at least 20 days before the date of such sale as provided in G.S. § 20-114(c). Not less than 30 days prior to the date of the proposed private sale, the private tower shall cause a notice of sale to be mailed to the person having legal title to the property, if reasonably ascertainable, to the person with whom the private tower dealt, if different, and to each secured party or other person claiming an interest in the property who is actually known to the private tower or can be reasonably ascertained. The notice of sale provided by the private tower shall include:
(1) The name and address of the private tower holding a lien per G.S. § 44A-1;
(2) The name of the person having legal title to the property, if such person can be reasonably ascertained, and the name of the person with whom the town dealt;
(3) A description of the property;
(4) The amount due for which the lien is claimed;
(5) The place of sale; and
(6) If a private sale, the date upon or after which the sale is proposed to be made or, if a public sale, the date and hour when the sale is to be held.
(D) Purchase by town or private tower prohibited. Neither the town nor the private tower holding a lien shall purchase, directly or indirectly, the property at private sale and such a sale to the lienor shall be voidable.
(E) Disposition of proceeds of sale. In accordance with G.S. § 44A-5, the proceeds of the sale shall be applied as follows.
(1) Expenses of sale include, but are not limited to, reasonable storage and boarding expenses after giving notice of sale.
(2) Any surplus shall be paid to the person entitled thereto, but when such person cannot be ascertained in the exercise of reasonable diligence, the surplus shall be paid to the Clerk of Superior Court of Duplin County, to be held by the Clerk for the person entitled thereto.
(F) Acquisition of title by purchaser. Pursuant to G.S. § 44A-6, a purchaser for value at a properly conducted sale and a purchaser for value without constructive notice of a defect in the sale who is not the lienor or an agent of the lienor acquires title to the property free of any interests over which the lienor was entitled to priority.
(Ord. passed 9-9-2021)
Statutory reference:
Related provisions, see G.S. Chapter 44A and §§ 44A-1, 44A-4(c), 44A-5, 44A-6 and 20-114(c)