Loading...
§ 80.22 REMOVAL OF JUNKED VEHICLE BY VILLAGE.
   Any junked motor vehicle found to be in violation of this subchapter may be removed to a storage garage or area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the Council or a duly authorized village official or employee finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:
   (A)   Protection of property values;
   (B)   Promotion of tourism and other economic development opportunities;
   (C)   Indirect protection of public health and safety;
   (D)   Preservation of the character and integrity of the community; and
   (E)   Promotion of the comfort, happiness, and emotional stability of area residents.
(G.S.§ 160A-303.2(al))
§ 80.23 INDEMNIFICATION OF VILLAGE.
   The village may require any person requesting the removal of a junked or abandoned motor vehicle from private property to indemnify the village against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
(G.S.§ 160A-303.2(a2))
§ 80.24 NOTICE.
   When an abandoned or junked motor vehicle is removed, the village shall give notice to the owner as required by G.S.§ 20-219.11 (a) and (b).
(G.S.§ 160A-303.2(a2))
§ 80.25 TOWING; HEARING PROCEDURE.
   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 prior 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 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-303.2(a3))
§ 80.26 LIABILITY OF PERSONS TO OWNERS.
   Any person who removes a vehicle pursuant to this subchapter shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(G.S.§ 160A-303.2(a4))