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Any junked or abandoned motor vehicle may be removed by the village to a storage garage or area. However, no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises, unless the village or a duly authorized village official or employee has declared that vehicle to be a health or safety hazard.
(G.S. § 160A-303(c))
Regardless of whether the village does its own removal and disposal of motor vehicles or contracts with another person to do so, the village shall provide a hearing procedure for the owner. For purposes of this section, the definitions in G.S. § 20-219.9 apply.
(A) If the village operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of G.S. Article 7A, Chapter 20, apply.
(B) If the village operates in such a way that it is responsible for collecting towing fees, it shall:
(1) Provide by contract or ordinance for a schedule of reasonable towing fees;
(2) Provide a procedure for a prompt fair hearing to contest the towing;
(3) Provide for an appeal to district court from that hearing;
(4) Authorize release of the vehicle at any time after towing by the posting of a bond or paying of the fees due; and
(5) Provide a sale procedure similar to that provided in G.S. §§ 44A-4, 44A-5, and 44A-6, except that no hearing in addition to the probable cause 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 village may destroy it.
(G.S. § 160A-303(d))
Nothing in this subchapter shall apply to any vehicle in an enclosed building or any vehicle 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 to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the village.
(G.S. § 160A-303(g))
SUPPLEMENTARY REGULATIONS FOR JUNKED VEHICLES
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