Any and all motor vehicles that are registered to an owner who has been determined to be liable for five or more unpaid final determinations of vehicular standing, parking, compliance or automated traffic law enforcement violations may be immobilized, towed and impounded, regardless of whether the immobilized or impounded, vehicle was the vehicle used in the violation, provided a pre-immobilization/tow notice has been sent to the vehicle’s registered owner and the owner has not requested a hearing concerning the notice as set forth below.
(A) (1) The pre-immobilization/tow notice shall include the following information:
(a) A final determination has been made on five or more vehicular standing or parking regulation violations, the fines and penalties for which remain unpaid;
(b) The violation notice numbers, dates of issuance and total amount of each unpaid violation; and
(c) Notification that any motor vehicle owned by the person found liable is subject to immobilization, towing and impoundment if the fines and penalties are not paid within 14 days of the date of the notice.
(2) The person determined liable may contest the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice.
(3) A hearing to contest the notice’s validity can be requested by submitting a request for hearing to the Traffic Compliance Administrator within 14 days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(B) Upon receipt of a pre-immobilization/tow hearing request, the Traffic Compliance Administrator shall schedule a hearing to allow the registered owner to contest the notice validity. The hearing shall be at least seven days after receipt of the hearing request. Notice of the hearing shall be sent by first class mail, postage paid, to the address as set forth on the hearing request. Service of the notice shall be complete on the date it is placed in the United States mail.
(C) If, after the hearing, the Traffic Compliance Administrator determines that the registered owner is not liable for one or more of the unpaid final determinations cited in the notice and this finding results in reducing the number of unpaid final determinations below five, the vehicle in question shall not be immobilized, towed and impounded based upon the violations stated in the notice. If, however, the Traffic Compliance Administrator determines that the registered owner is liable for five or more of the unpaid final determinations cited in the notice, the vehicle in question shall be subject to immobilization, towing and impoundment.
(Prior Code, § 70.025) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)