(A) In those cases where motor vehicles are towed pursuant to the provisions of this chapter and the person who tows the vehicle is responsible for collection of all towing fees, all provisions of G.S. Chapter 20, Article 7A (G.S. §§ 20-219.9 et seq.), shall apply.
(B) In those situations where motor vehicles are towed pursuant to the provisions of this chapter and the town is responsible for collecting any towing fees, the procedures set forth hereinafter shall apply.
(C) Pre-towing notice. Except as set forth in division (D) below, a motor vehicle subject to the provisions of this chapter may only be towed after notice to the owner or person entitled to possession of the vehicle. Notice shall be given by affixing notice on the windshield or some other conspicuous place on the vehicle. The notice shall state that civil penalties will begin in seven days after the notice is affixed unless the motor vehicle is moved by the owner or legal possessor at that time. Additionally in the case of a health or safety hazard vehicle, if the names and mailing address of the owner of the vehicle and the real property upon which the vehicle is located can be determined with reasonable diligence, the notice shall also be given to both by first class mail sent to the last known address of such persons as reflected on the county tax records. Such note shall be deemed given when delivered into the possession of the U.S. Postal Service.
(D) Pre-towing notice exception. If it is determined by the town that an abandoned vehicle on public streets impedes the flow of traffic or otherwise jeopardizes the public welfare so that immediate removal is required, the vehicle may be removed without any pre-towing notice. Circumstances justifying the immediate removal of a motor vehicle include but are not limited to, vehicles obstructing traffic, vehicles parked in violation of parking ordinances, vehicles blocking or impeding access to and from residences and places of business, vehicles posing a traffic hazard and vehicles causing damage on public or private property.
(E) Removal of vehicle; post-towing notice. Following removal of a motor vehicle pursuant to the provisions of this chapter, the town shall notify the last known registered owner of the vehicle of the following:
(1) That the vehicle has been towed;
(2) A description of the vehicle;
(3) The place where the vehicle is stored;
(4) The violation with which the owner is charged, if any;
(5) The procedure that the owner must follow to have the vehicle returned to such owner which shall include permitting the release of the vehicle at any time after towing by the posting of a bond acceptable to the town in an amount equal to twice the towing fees or by payment of all towing fees owed;
(6) That the owner may file a request in writing with the magistrate in the county where the vehicle was towed to determine if probable cause existed for the towing. Such written request must be filed with the magistrate within 15 days of service on the owner of the notice required by this section. If the owner is served by publication in the manner described in division (F) below, the time for filing such request shall begin to run the day after the second required publication.
(F) Procedure for giving the required notice. The notice required by division (E) shall initially be given by telephone if possible. If the vehicle has a North Carolina registration, notice shall be attempted by telephone within 24 hours of towing. If the vehicle is not registered in this state, notice shall be attempted by telephone within 72 hours of towing. Whether or not the owner is reached by telephone, notice shall be mailed to the owner's last known address within 48 hours of towing unless the owner or his agent waives this notice in writing. Such mailing shall be by first class mail and by certified mail, return receipt requested. If the owner's last known address cannot be determined after a reasonable search for such address, such notice shall be given by publishing the required notice once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. § 1-597 and G.S. § 1-598 and circulated in the area where the party to be served is believed by the serving party to be located or if there is no reliable information concerning the location of the party then in a newspaper circulated in Hanover County. The costs of such publication shall be included in the towing fee to be recovered by the town as provided herein.
(G) Right to probable cause hearing before sale or final disposition of vehicle; Right to recover vehicle; unauthorized removal unlawful.
(1) After towing of a motor vehicle under the provisions of this chapter, the owner or other person entitled to possession may request in writing a hearing to determine if probable cause existed for towing the vehicle. The request must be filed within 15 days of the owner's receipt of the notice required by division (E) above with the magistrate in the county in which the vehicle was towed. 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.
(2) At any time after towing of a motor vehicle pursuant to the provisions of this chapter, the owner may obtain possession of the motor vehicle by paying the towing fee or by posting bond in accordance with G.S. § 20-219.12.
(3) It shall be unlawful for any person to remove or attempt to remove from any storage facility any vehicle which has been impounded pursuant to the provisions of this chapter unless and until all towing fees are paid or a bond is posted as prescribed by G.S. § 20-219.12.
(H) Sale and disposition of vehicle.
(1) With the consent of the owner, the town may dispose of any vehicle towed pursuant to the provisions of this chapter without holding it for any prescribed time.
(2) Any vehicle towed pursuant to the provisions of this chapter shall be held for at least 30 days during which the owner may claim it by exhibiting proof of ownership satisfactory to the town and paying all towing fees. A motor vehicle held for more than 30 days may be sold in accordance with the applicable provisions of G.S. 44A-4 except that no hearing other than the probable cause hearing provided for in division (G) above shall be required. If no one purchases the vehicle at the sale and the value of the vehicle is less than the towing fees, the town may destroy the vehicle.
(3) The proceeds of the sale shall be paid in the manner set forth in G.S. § 44A-5.
(I) Definitions. The definitions set forth in G.S. § 20-219.9 shall be applicable to all provisions of this chapter.
(Ord. 1785, passed 5-9-19)