(A) (1) Opportunity for pre-tow hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven days after the date of mailing or personal delivery of the notice to request, in writing, a pre-tow hearing. Subsequent to this seven-day period, the vehicle may be towed if the owner has not filed a written hearing request within the seven-day period, and any hearing rights under the provisions of this subchapter will be deemed waived.
(2) Scheduling of pre-tow hearings. The pre-tow hearing shall be scheduled for a date within 14 days of the mailing or personal delivery of the pre-tow notice. The city shall not be required to delay towing longer than such 14-day period.
(3) Request for pre-tow hearings. Requests
for a pre-tow hearing are to be made to the Police Department. Requests for hearing by persons who reside more than 50 miles from the city may be made by mail. Forms for such requests shall be made available at the Police Department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
(4) Appointment of Hearing Officer. The Deputy Chief of Police or his or her designee shall serve as the hearing officer. In no case shall that Hearing Officer be an individual who was involved in the initial decision to tow the vehicle. The Hearing Officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other city personnel.
(B) (1) Nature of hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing wall not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relevant evidence, the Hearing Officer shall make a written decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the city, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of such pre-tow hearing decision.
(2) Decision to tow and rates to be charged. If the preponderance of the evidence supports towing and compliance with the provisions of this subchapter, the Hearing Officer shall direct that the vehicle be towed or, to the extent required by law, then an appropriate court order for towing from private property be obtained, with any towing and storage costs to then be imposed upon the owner thereof. The owner of said vehicle having had such, a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(3) Decision not to tow. If the preponderance of the evidence fails to support towing of the vehicle, the Hearing Officer shall direct that the vehicle shall not be towed. The city shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. No vehicle about which such a decision has been rendered shall be towed by the city unless the circumstances under which the decision was rendered have changed. If at some subsequent time the city should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
(4) Contesting or appealing decisions. The owner may contest the decision of the Hearing Officer in any manner provided by law.
(Ord. 2016-001, passed 1-12-2016)