AGENDA #4L
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Revision to Post-towing Hearing Procedures for Junked Cars
DATE: October 22, 2001
The attached ordinance would allow an alternative type of hearing for persons whose cars have been towed as health or safety hazards.
In August 2000, the Council adopted an ordinance specifying the nature of the hearing that is to be afforded persons whose cars have been towed as health or safety hazards. That ordinance provides that the hearing is to be conducted by a Town hearing officer pursuant to provisions of the Town Code.
As a result of meetings with the Sykes Street Steering Committee, the Inspections and Police Department have confirmed a number of junked and abandoned vehicles on private property in the larger Northside neighborhood. The Inspections Department has now made arrangements to have junked and abandoned vehicles towed by private wrecker services and held in private lots for disposal purposes. A private firm would be responsible for collection of fees and disposal. We believe that this procedure will be a better process than towing to a Town lot to effectively remove and dispose of abandoned and junked motor vehicles which are health and safety hazards. The Town has limited space and resources for removal, storage and disposal of such vehicles.
If the Council makes this change in the ordinance, the private wrecker service would be required by State Statute to provide notice and an opportunity for a hearing to a vehicle’s owner. A hearing, if requested, would be conducted by a magistrate and the magistrate’s decision could be appealed to District Court.
The Town Code currently provides that the hearing which may be requested is “under Article IIIA, Chapter 21of this Code of Ordinances” and is, therefore, a hearing conducted by Town Staff. The proposed Code revision would provide that the hearing which may be requested is “as provided by law.” This language would allow the hearing procedure to be modified in the future if the law changed or if the Town determined that it wished to assume responsibility for the storage and disposal of junked vehicles.
That the Council adopt the attached Ordinance.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES REGARDING THE TYPE OF HEARING PROCEDURE APPLICABLE TO VEHICLES TOWED AS HEALTH OR SAFETY HAZARDS (2001-10-22/O-6)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. The second paragraph of Section 11-26 of the Town Code is hereby revised to read as follows:
“An owner of a vehicle towed under the
provisions of this section may request a hearing under Article IIIA, Chapter
21 of this Code of Ordinances as provided by law.”
Section 2. This ordinance shall become effective upon adoption.
This the 22nd day of October, 2001.