§ 14-94. Notice and determination.

(a)

Notice to owner. The zoning administrator or his/her designee shall give written notice for vehicles with valid registration within 24 hours if the vehicle is registered in this state or within 72 hours if the vehicle is not registered in this state. This notice shall, if feasible, be given by telephone. Regardless if the owner is reached by telephone, notice shall be mailed to the last known address unless he/she or the owner's agent waives this notice in writing on the owner of the junk vehicle or on the owner or the tenant of any property on which a junk vehicle is openly stored. Such notice shall direct the person to terminate the open storage of such vehicle within the town within ten days of personal service or within 13 days from posting, where service is by registered or certified mail. The method of disposition of a junked vehicle shall be in accordance with subsection (c)(2) of this section.

(b)

Notice of right of contention. The notice shall state that if the person served contends that such vehicle is not a junk vehicle, he/she shall so notify the zoning administrator or his/her designee in writing, of such contention. The town must receive written facts within five days prior to the date of directed termination specified in the notice to the owner or tenant. The failure of the person served to so notify the town shall be an admission that the vehicle is a junk vehicle, and open storage shall be terminated in accordance with notice to the person served. However, notification to the town of such contention shall permit a representative of the town, if the latter so desires, to further inspect such vehicle within five days of the town's receipt of such notification of contention.

(b1)

Probable cause hearing. The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set a hearing within 72 hours of his receiving the request. The owner, the person who requested the hearing if other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing.

(1)

Hearing procedure. Regardless of whether a town does its own removal and disposal of motor vehicles or contracts with another person to do so, the town shall provide a prior hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. 20-219.9 apply.

a.

If the town 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 town 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 town may destroy it.

(c)

Findings by town.

(1)

Within five days after such inspections, the zoning administrator or his/her designee shall inform the person originally served of its findings, in writing, that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner, by registered or certified mail or by return receipt requested. If the findings are that one or more of the junk vehicles specified in the original notice are indeed junk vehicles and are being stored by the person served with the original notice, such person shall terminate open storage of such junk vehicles within the town within ten days.

(2)

The disposition of a junk vehicle shall be in accordance with G.S. 160A-303.2.

(d)

Institution of proceedings. If the person so served institutes a proceeding to set aside such determination, such termination of storage shall not be required pending a decision in the proceeding. If the decision upholds the town's determination, open storage of the vehicle within the town shall be terminated within 24 hours following service of notice of entry of the court's order, or, if an appeal is taken and a court stay of execution of such proceeding is granted, within 24 hours after expiration of the stay of execution.

(Ord. of 4-10-2001(8), § 4; Ord. of 10-12-2004; Amend. of 4-8-2014(1); Amend. of 7-13-2017)