Notification and hearing on impoundment of a vehicle pursuant to Section 70.06 shall be in accordance with the following:
1. Notification Procedure. The officer ordering impoundment shall note the vehicle’s registration and/or VIN numbers or other available identification to trace the owner of the vehicle and shall within twenty (20) days from the date of impoundment mail notice to the owner of the impoundment and the opportunity for the owner to request a hearing on whether the towing was proper. The notice shall be mailed by certified mail and shall state that the owner has ten (10) days from receipt of the notice to request the City Administrator to schedule such hearing. The notice shall further state that the owner may be represented by counsel at the owner’s own expense. The City Administrator shall, upon receipt of the request for hearing, set a hearing date which shall be within five (5) working days of receipt of said request.
2. Hearing Procedure. The hearing shall be before the City Administrator, who is empowered to make a final decision. The proceedings of the hearing shall be tape recorded unless waived by both parties, whereupon the Clerk or other designated City employee shall take notes. Strict adherence to the rules of civil procedure and the rules of evidence is not required; however, substantial compliance is encouraged and shall be weighed accordingly. The vehicle owner shall go forward with any evidence or testimony and presentation of witnesses. The City Attorney or other appropriate representative shall present any evidence supporting the citation and/or impoundment. The City Administrator shall made a written decision within three (3) days after the hearing, which shall include findings of fact and shall be mailed by certified mail or delivered personally to the owner.
3. Hearing Issues and Determination. When the question submitted to the hearing officer is whether citation and/or impoundment authorized by the City was proper, and the hearing officer determines such citation or impoundment was improper, the City shall be liable for any towing or storage charges accruing from the date of the citation or impoundment. If the citation or impoundment is determined to have been proper, the vehicle owner shall be liable for such towing and storage charges. Towing and storage charges shall be the same rate as advertised or regularly established and offered and on file in the City Hall. If the vehicle is not removed from the storage facility within two (2) business days, additional storage charges shall accrue to the owner of the vehicle without further notice.