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(A) Whenever a motor vehicle is used in the commission of or in conjunction with any of the offenses described in § 103.01 (A), the motor vehicle may be impounded and the owner of record of the motor vehicle shall be liable for an administrative penalty. The administrative penalty shall be in the amount of $300. The penalty shall be imposed upon the owner regardless of whether subsequent offenses involve different motor vehicles. In addition to the administrative penalty imposed herein, the owner of record shall be responsible for all applicable towing and storage fees.
(B) Costs. In addition to any fine or other penalty imposed pursuant to this chapter, the owner of record shall be ordered to pay the costs and fees incurred by the City in prosecuting the violation, which shall include, but not be limited to, the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
(C) If a penalty is imposed pursuant to this chapter, such penalty shall constitute a debt due and owing to the City. The owner of record's obligation to pay such debt to the City shall be independent of the City's return of any impounded motor vehicle. If a bond has been posted, the Hearing Officer shall enter an order deducting any penalty imposed pursuant to this chapter from the bond so posted.
(D) Except as otherwise provided in this chapter, an impounded motor vehicle shall be returned to the owner of record, or other person who is legally entitled to possess the motor vehicle, upon his or her payment to the City of the penalty or penalties imposed pursuant to this chapter, including the towing and storage fees, unless the motor vehicle has been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
(E) Notwithstanding any other provisions of this chapter, whenever a person with a lien of record against a motor vehicle impounded under this chapter has commenced foreclosure or repossession proceedings, possession of the motor vehicle shall be given to that person, but only upon agreeing, in writing, to refund to the City the net proceeds of any sale of the motor vehicle less any amounts necessary to pay all lien holders of record, up to the total amount of penalties imposed pursuant to this chapter which are outstanding.
(Ord. 8269, passed 9-3-02; Am. Ord. 8340, passed 2-3-04; Am. Ord. 8462, passed 12-6-05; Am. Ord. 8689, passed 3-2-10; Am. Ord. 8826, passed 8-7-12; Am. Ord. 9085, passed 3-7-17; Am. Ord. 9155, passed 6-5-18; Am. Ord. 9219, passed 9-3-19)