How can I legally remove a car abandoned by my ex-boyfriend in my property in North Carlolina?
Full Question:
What to do with a car left by my ex-boyfriend in my property almost a year back? Told him several times to remove the car. No response from him. He is not known for the last 6 months too. Can we consider the car as abandoned? How can we remove it?
04/18/2017 |
Category: Abandoned Pr... ยป Vehicles |
State: North Carolina |
#35825
Answer:
You can have a look at the relevant NC law in this regard below.
§ 160A-303. Removal and disposal of junked and abandoned motor vehicles.
(a) A city may by ordinance prohibit the abandonment of motor vehicles on the public streets or on public or private property within the city, and may enforce any such ordinance by removing and disposing of junked or abandoned motor vehicles according to the procedures prescribed in this section.
(b) A motor vehicle is defined to include all machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
(b1) An abandoned motor vehicle is one that:
(1) Has been left upon a street or highway in violation of a law or ordinance prohibiting parking; or
(2) Is left on property owned or operated by the city for longer than 24 hours; or
(3) Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
(4) Is left on any public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public.
(b2) A junked motor vehicle is an abandoned motor vehicle that also:
(1) Is partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or
(3) Is more than five years old and worth less than one hundred dollars ($ 100.00) or is more than five years old and worth less than five hundred dollars ($ 500.00) as provided by the municipality in an ordinance adopted under this section; or
(3a) Repealed by Session Laws 2009-97, s. 1, effective October 1, 2009.
(4) Does not display a current license plate.
(c) Any junked or abandoned motor vehicle found to be in violation of an ordinance adopted under this section 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 city official or employee has declared it to be a health or safety hazard. The city may require any person requesting the removal of a junked or abandoned motor vehicle from private property to indemnify the city against any loss, expense, or liability incurred because of the removal, storage, or sale thereof. When an abandoned or junked motor vehicle is removed, the city shall give notice to the owner as required by G.S. 20-219.11(a) and (b).
(d) Hearing Procedure. -- Regardless of whether a city does its own removal and disposal of motor vehicles or contracts with another person to do so, the city, shall provide a hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. 20-219.9 apply.
(1) If the city 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.
(2) If the city operates in such a way that it is responsible for collecting towing fees, it shall:
a. Provide by contract or ordinance for a schedule of reasonable towing fees,
b. Provide a procedure for a prompt fair hearing to contest the towing,
c. Provide for an appeal to district court from that hearing,
d. Authorize release of the vehicle at any time after towing by the posting of a bond or paying of the fees due, and
e. 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 city may destroy it.
(e) Repealed by Session Laws 1983, c. 420, s. 13.
(f) 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 any abandoned, lost, or stolen motor vehicle for disposing of the vehicle as provided in this section.
(g) Nothing in this section shall apply to any vehicle in an enclosed building or any vehicle 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 to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(h) Repealed by Session Laws 1983, c. 420, s. 13, effective July 1, 1983.
§ 20-219.11. Notice and probable cause hearing
(a) Whenever a vehicle with a valid registration plate or registration is towed as provided in G.S. 20-219.10, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:
(1) A description of the vehicle;
(2) The place where the vehicle is stored;
(3) The violation with which the owner is charged, if any;
(4) The procedure the owner must follow to have the vehicle returned to him; and
(5) The procedure the owner must follow to request a probable cause hearing on the towing.
If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this State, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing.
(b) Whenever a vehicle with neither a valid registration plate nor registration is towed as provided in G.S. 20-219.10, the authorizing person shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information listed in subsection (a). Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this subsection, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least seven days before the towing actually occurred; except, no pretowing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.
(c) 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. If there is more than one magistrate's office in that county, the request may be filed with the magistrate in the warrant-issuing office in the county seat or in any other office designated to receive requests by the chief district court judge. The magistrate shall set the hearing within 72 hours of his receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing.
(d) The owner, the tower, the person who authorized the towing, and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(e) The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower's lien continues. If the magistrate finds that probable cause did not exist, the tower's lien is extinguished.
(f) Any aggrieved party may appeal the magistrate's decision to district court.
