Sec. 21-18.2. - Towing of illegally parked vehicles.

(a)

The police and transportation departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the town in violation of any state law prohibiting parking.

(b)

The police and transportation departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the town in violation of any of the following provisions of the town Code prohibiting or regulating parking:

The listing of specific sections in this subsection does not limit the authority of the town to tow and impound vehicles where that authority is otherwise specifically stated in a provision of state law or town ordinance.

(c)

The police and transportation departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the town in violation of any other provision of the town Code prohibiting or regulating parking if, upon determination of a violation and checking of the records of the town, it is determined that there are four (4) or more outstanding violations of any town parking regulations for the same vehicle which have not been paid or otherwise cleared of record.

(d)

The police and transportation departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which is parked in a town-owned parking lot in violation of any ordinance adopted regulating the parking in said lot; provided, however, that said lot is clearly marked by a sign no smaller than twenty-four (24) inches by twenty-four (24) inches, displayed at the entrance to said lot, stating the ordinance regulations with respect to that lot.

(Ord. No. 92-8-24/O-1, § 2)

Sec. 21-18.3. - Post-towing notice procedures.

(a)

Whenever a vehicle has been removed, towed in and impounded under this article, the town manager or his designee shall immediately notify the last known registered owner of the vehicle. If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within twenty-four (24) hours. If the vehicle is not registered in this state, notice shall be given to the owner within seventy-two (72) hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed by certified mail to his or her last known address unless the owner or the owner's agent waives this notice in writing. A record of the form and manner of notice to the owner shall be maintained in the town's records.

(b)

The notice required shall include the following:

(1)

A description of the vehicle, including any license plate number;

(2)

The location from which it was towed and the location where the vehicle is stored;

(3)

A summary of this article, including the procedures for requesting a hearing and reacquiring possession of the impounded vehicle.

(4)

A statement that the vehicle is alleged to have violated a traffic or parking ordinance of the town or state and the specific violation alleged;

(c)

If reasonable means fail to locate the owner or the owner's agent, the notice required by this section shall be given by publication in a newspaper of general circulation in Orange County.

(Ord. No. 92-8-24/O-1, § 2)

Sec. 21-18.4. - Post-towing procedures for return of vehicle and hearing.

(a)

The owner of a vehicle impounded under this article, or his agent, may request an administrative hearing within seven (7) days after the delivery of the notice, or the equivalent publication thereof, or seven (7) days after he learns such vehicle has been impounded, whichever occurs first, to determine if there was probable cause to impound the vehicle under this article. The hearing shall be conducted before an official designated by the town manager, who shall not be any person who is in the chain of command of the town employee effecting the impoundment. The hearing shall be conducted as soon as possible, but in any event within forty-eight (48) hours after a request for it unless a later time is agreed to in writing by the person requesting the hearing.

Failure of the owner or his agent to request or attend a scheduled hearing shall waive his right to such hearing.

(b)

The hearing officer shall determine only if there was probable cause to impound the vehicle under the provisions of this article. "Probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a sufficient breach of local, state or federal law to grant legal authority for the removal of the vehicle and that all required procedures were followed. The person requesting the hearing shall have the burden of establishing his right to possession of the vehicle. The officer effecting the tow shall have the burden of establishing that there was probable cause to impound the vehicle.

The hearing officer shall render his decision in writing and provide a copy to the person requesting the hearing.

(c)

(1)
If no probable cause is found, the hearing officer shall refund or cause to be refunded any bond previously posted and shall direct in writing that the vehicle be released from impoundment to its owner or his agent. If no probable cause is found, towing and storage fees shall be paid by the town in accordance with its contractual arrangements for such services. If the vehicle's owner or his agent fails to claim it from impoundment by 5:00 p.m. on the first working day after the date of the decision, he shall assume liability for all subsequent storage charges.

(2)

If probable cause is found to have impounded the vehicle, the hearing officer shall so notify the town manager or his designee in writing and shall direct that the vehicle be released only upon payment to the town of its towing and storage fees and related notification costs.

(d)

If no hearing is requested or if it is waived, the owner of an impounded vehicle or his agent may regain possession of the vehicle by paying to the town its towing and storage fees and related notification costs.

(e)

The owner of a vehicle impounded under this article, or his agent, may regain possession of it prior to the hearing by posting a cash bond in the amount of the town's towing and storage fees and related notification costs. The cash bond shall be forfeited to the town if such person does not request a hearing hereunder or if he fails to attend a scheduled hearing.

(f)

All witnesses at the hearing shall be sworn before a notary public or other such official authorized to administer oaths. The hearing officer's decision shall be based on material, substantial and competent evidence presented at the hearing. The owner or his agent shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. A record of the hearing officer's decision shall be made that contains his decision and a brief, concise statement of the reason for it.

(g)

Any decision of the hearing officer may be appealed to Orange County District Court as provided by N.C.G.S. Sec. 160A-303(d)(2)(c).

(Ord. No. 92-8-24/O-1, § 2)

Sec. 21-18.5. - Storage and towing fees and related notification costs.

(a)

All storage and towing fees and related notification costs incurred by the town or imposed upon the owner of the vehicle or his agent as a result of its towing-in and impoundment shall constitute a lien upon such vehicle. The vehicle may not be released until these costs have been paid or until the owner or his agent has posted the appropriate bond under this article, unless the hearing official conducting a hearing under section 21-18.4 determines that no probable cause to tow and impound the vehicle exists.

(b)

In the event any vehicle towed under the provisions of this article is not returned to the owner following a hearing, or as a result of fees and charges being paid, the town may proceed to sell or otherwise dispose of said vehicle as authorized by N.C.G.S. Sec. 160A-303(d)(2)(e).

(Ord. No. 92-8-24/O-1, § 2)

Secs. 21-18.6, 21-18.7. - Reserved.