A. Within two working days after impoundment, the city shall send by certified mail, return receipt requested, a notice to the legal and registered owner(s) of the vehicle at the address obtained from the Department of Motor Vehicles that the vehicle has been impounded. The notice shall also inform the owner of an opportunity for a post-storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released.
B. The notice shall include all of the following information:
1. The name, address, and telephone number of the agency providing the notice;
2. The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage;
3. The authority and purpose for the removal of the vehicle; and
4. A statement that, in order to receive a post-storage hearing, the owner(s), or their agent(s), shall request the hearing in person, writing or by telephone within ten (10) days of the date appearing on the notice.
C. The city shall be prohibited from charging for more than five days of storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle.
D. The post-storage hearing shall be conducted within 48 hours of the request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.
E. The city may designate one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.
F. The hearing officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the post-storage hearing that there are no reasonable grounds for the storage of the vehicle, the city shall be responsible for the costs incurred for towing and storage.
G. The city shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of legal and registered owners to request a hearing.
(Ord. 2558)