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The notice, hearing and bond provisions set forth in §§ 8-5-2-1 et seq. shall not apply to impoundment of the following vehicles, which impoundment is hereby authorized:
(A) A vehicle which is impounded for purposes of a criminal investigation or as evidence of a crime; or
(B) A vehicle which is lawfully seized pursuant to state or federal law.
('74 Code, § 9-5-19.41F) (Ord. 67-1982)
(A) Any vehicle impounded pursuant to §§ 8-5-2-1 et seq. shall be towed, in accordance with state and local law, to an authorized storage facility or an area designated or maintained by the Police Department or by this municipality. The Police Department member authorizing impoundment shall obtain a receipt from the wrecker service to which such vehicle is delivered indicating the date, hour and place of delivery and the identification of the vehicle. In the event such vehicle is stored in a public garage, the Police Department member shall issue signed and dated instructions in writing to the garage (or wrecker) specifically stating whether the vehicle is to be held for investigation or as evidence, or as the subject of forfeiture proceedings, or whether it may be released to the owner after all attendant charges have been satisfied pursuant to § 8-5-2-8.
(B) If any vehicle is about to be removed or is in the process of being removed from such street and the owner thereof or his agent appears and claims the vehicle and agrees forthwith to remove it from such street, such vehicle shall be delivered to such owner or agent upon demand therefor and upon furnishing satisfactory evidence of identity and ownership or agency and payment of applicable fees. If any such owner or agent shall fail, refuse or neglect to forthwith remove such vehicle, such vehicle shall nevertheless be removed and impounded. Removal by such owner or agent shall not relieve the offender of liability for any towing costs already incurred or for any fine or penalty for the violation of any law or ordinance for which the vehicle was to be removed.
('74 Code, § 9-5-19.41G) (Ord. 67-1982; Am. Ord. 2016-011)
(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)
(A) Any inoperable vehicle parked, stored or left or permitted to be parked, stored, or left upon any private property within the city for a period longer than three consecutive days constitutes a public nuisance. Inoperable vehicles parked, stored or left on public property or upon private property without the consent of the owner of such property are governed by § 8-5-2-3. Nothing in this section applies to a vehicle in an enclosed building, a vehicle on the premises of a business that services and repairs vehicles, a vehicle in an appropriate storage place or depository maintained for impounded vehicles, or to a vehicle that is in compliance with §§ 66-11-1 through 66-11-5 NMSA 1978.
(B) Whenever the Mayor or the Chief has probable cause to believe that an inoperable vehicle is on private property in violation of division (A) of this section, the Mayor or the Chief shall give written notice by certified mail to the owner and the lessee or occupant of the property, if known, declaring the existence of the nuisance, ordering such persons to remove the vehicle or request a hearing within seven consecutive days of the mailing of the notice by certified class mail, and stating that failure to remove the vehicle or request a hearing within such seven-day period will result in the vehicle being removed and impounded and impound charges being assessed jointly and severally against the owners of the vehicle. When the owner of the property is not otherwise known, such owner shall be identified from the records of the Bernalillo County Assessor or Bernalillo County Treasurer for purposes of mailing notice under this section.
(C) If an inoperable vehicle has not been removed from private property within seven days of the date on which the notice prescribed by division (B) of this section is mailed to the owner and the tenant or occupant of the property, the Mayor or the Chief may, after obtaining an administrative search warrant from a court of proper jurisdiction, cause the vehicle to be removed and impounded, unless a hearing requested by the owner or tenant or occupant of the property pursuant to division (B) of this section is pending, or unless a hearing officer has determined that the vehicle was not parked, stored or left on private property in violation of division (A) of this section.
(D) If the Mayor or the Chief is able to determine from the license plate or vehicle identification number the name and address of the registered owner of the vehicle, and the notice prescribed in division (B) of this section was not sent to the owner of the vehicle, then the Mayor or the Chief shall give written notice by certified mail to the registered owner of the vehicle. Such notice shall contain the information required in § 8-5-2-3(E).
(E) A vehicle impounded pursuant to this section shall be released to its owner when payment to the city of the impoundment charges are made pursuant to § 8-5-2-10.
(Am. Ord. 25-2003; Am. Ord. 2016-011)
(A) Hearing Officer and Scheduling. Hearings, if requested within the seven consecutive day period set forth in §§ 8-5-2-3(D) and 8-5-2-9(B), shall be conducted by the City Hearing Officer, in accordance with the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(B) Scope, Burden of Proof and Procedures. The party requesting the hearing bears the burden of establishing that such person has the right to possession of the vehicle. The city bears the burden of establishing the validity of the proposed or completed impoundment. The standard of proof is a preponderance of the evidence. Procedures regarding the hearing shall be the procedures outlined in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(C) Pre-impoundment Hearings. Requests for a pre-impoundment hearing shall be filed with the City Clerk. The City Clerk shall notify the city department responsible for impounding the motor vehicle and the hearing officer that the request for hearing has been filed. At a hearing prior to the impoundment of a vehicle allegedly parked in violation of §§ 8-5-2-1 et seq., the hearing officer shall determine whether the vehicle is parked in violation of such sections. If the hearing officer so finds, the hearing officer shall so notify the Mayor or the Chief and shall order the vehicle removed and impounded and assess the impoundment charges thereof against the vehicle.
(D) Post Impoundment Hearing and Bond. Requests for a post impoundment hearing shall be submitted to the City Clerk within the 30 day notice period required in §§ 8-5-2-3(E) and 8-5-2-12(A). If the hearing officer does not so find, the officer shall order the vehicle released immediately to the person entitled to possession, assess impoundment charges against the city and issue a certificate of release showing the date and hour of the release and provide a copy to the owner of the vehicle. Upon receipt of the owner's copy of such certificate, the authorized garage (impoundment lot) having custody of the vehicle shall release the vehicle to the owner without charge. The hearing officer shall determine that the party receiving the certificate of release is entitled to possession of the vehicle and has presented proof of ownership. If the owner fails to present the certificate of release to the impoundment lot or garage within 24 hours of its issuance, excluding days when the garage is not open for business, the owner shall pay for all subsequent storage charges. The requirement to present the certificate of release as required in this division shall be printed on the certificate.
(E) Failure to Request Hearing. Failure of any person to request an impoundment hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing.
(Ord. 25-2003; Am. Ord. 44-2003; Am. Ord. 31-2007; Am. Ord. 2023-015)
If a vehicle that has been impounded by the city pursuant to this article is still under impoundment seven days from the time at which notice prescribed by this chapter has been mailed to the registered owner and the owner has not requested a hearing pursuant to §§ 8-5-2-1 et seq., or obtained the release of the vehicle by paying impoundment charges within the 30-day period established in §§ 8-5-2-1 et seq., the vehicle shall be deemed abandoned and the Mayor shall dispose of such vehicle pursuant to § 8-5-2-12. Disposal shall be stayed if a timely request is made for a hearing.
(Ord. 25-2003)
(A) The Mayor may dispose of impounded motor vehicles by following the procedures provided by state law for the disposal of unclaimed property or as otherwise provided by law.
(B) If the vehicle has been appraised for a value less than the towing and storage, the Mayor may sell the vehicle to the towing and impoundment lot operators, if such were involved, for the amount of the accrued charges. In all other instances the Mayor may sell the vehicle at private sale or at public sale or dispose of the vehicle as otherwise allowed by law.
(C) Disposition of Proceeds. The proceeds of sale of a vehicle shall be distributed in the following order: The costs of towing and storing the vehicle. From the balance, if any, there shall be deposited into the general fund of the city the administrative impound fee. The remaining balance, if any, shall then be paid first to any lien holder of record, and second to any owner of record as their interests may appear on such records, or to any person submitting proof of an enforceable interest in such vehicle as of the date of sale by the city. If no such person is known to the Mayor, such balance shall be deposited into the general fund of the city.
(D) Redemption. There is no right of redemption from any sale made pursuant to this section. After a vehicle has been sold pursuant to this section, neither the city nor any officer, agent or employee thereof is liable for any failure to deliver such vehicle to any person other than the purchaser at such sale.
(Ord. 25-2003; Am. Ord. 2023-015)
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