(A) The Mayor shall order release of an impounded vehicle at the city's expense pursuant to § 8-5-2-10(E).
(B) In all other cases, upon proof of ownership and certification from the Mayor or the Chief that the vehicle is insured as required under state law, and an impounded vehicle shall be released only after direct payment of the accumulated impoundment charges and other required fines or fees by the owner or the owner's designee. The Chief will provide such certification upon receiving proof that the vehicle is insured as required under state law.
(C) An owner who desires a hearing on the validity of an impoundment shall request, and the garage shall issue, a receipt for the amount paid in satisfaction of impoundment charges.
(1) The owner shall forfeit the amount paid if: the owner fails to appear at the hearing before the city's Hearing Officer or, in the case of an appeal, before the District Court, or if it is finally determined, after the hearing or appeal, that the impoundment was valid.
(2) The owner shall be entitled to reimbursement from the city for the full amount paid upon presentation of the receipt required herein if, after hearing and appeal, if any, it is determined that the impoundment was not valid.
(D) Section § 8-5-2-1 et seq., do not authorize release of any vehicle held for investigation or as evidence of a crime or seized pursuant to state or federal law. Such vehicle shall be released only upon the written order of the police officer responsible for its impoundment or upon an affirmative written statement by the Chief that such vehicle is no longer needed for investigative or evidentiary purposes or for forfeiture proceedings. The city shall bear the cost of towing and storage for such impoundments if the owner or any person operating the vehicle with his permission was not involved in any criminal activity which was any part of the reason for the impoundment. The burden of proving such lack of involvement shall be upon the person claiming it. The Chief or his designee may execute a Certificate of Release which shall function as one issued pursuant to § 8-5-2-5.
('74 Code, § 9-5-19.41H) (Ord. 67-1982; Am. Ord. 33-1999; Am. Ord. 25-2003; Am. Ord. 2016-011)