§ 90.09 REMOVAL OF VEHICLE; POST-TOWING NOTICE REQUIREMENTS.

   (A)   Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform those services for the town. Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle, the notice to include the following:

      (1)   The description of the removed vehicle;

      (2)   The location where the vehicle is stored;

      (3)   The violation with which the owner is charged, if any;

      (4)   The procedure the owner must follow to redeem the vehicle; and

      (5)   The procedure the owner must follow to request a probable cause hearing on the removal.

   (B)   The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (A)(1) through (5) above, shall also be mailed to the registered owner’s last known address, unless this notice is waived in writing by the vehicle owner or his or her agent.

   (C)   If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of the vehicle.

   (D)   Whenever an abandoned, nuisance or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her of the information set forth in (A)(1) through (5) above.

(1985 Code, § 90.09)

§ 90.10 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.

   After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the Chief District Court Judge to receive the hearing requests. 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, as amended.

(1985 Code, § 90.10)

§ 90.11 REDEMPTION OF VEHICLE DURING PROCEEDINGS.

   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 the 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 allow or engage in further violation of this chapter.

(1985 Code, § 90.11)

§ 90.12 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.

   Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of a like vehicle shall be carried out in coordination with the town and in accordance with G.S. Ch. 44A, Art. 1.

(1985 Code, § 90.12)

§ 90.13 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.

   As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of the property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the Town Manager. The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expenses or liability because of the removal, storage or sale thereof.

(1985 Code, § 90.13)

§ 90.14 PROTECTION AGAINST CRIMINAL OR CIVIL LIABILITY.

   No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle, for disposing of the vehicle as provided in this chapter.

(1985 Code, § 90.14)

§ 90.15 EXCEPTIONS.

   Nothing in this chapter shall apply to any vehicle which is located in a bona fide automobile graveyard or junkyard as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. §§ 136-141 et seq.; which is an enclosed building; which is 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 which is an appropriate storage place or depositor maintained in a lawful place and manner by the town.

(1985 Code, § 90.15)