A. Any vehicle parked in violation of section 7-8-2 of this chapter, or determined to be abandoned shall be subject to being towed by the city or any of its officers, employees or agents to a location designated by the city at the expense of the owner of the vehicle.
B. The vehicle shall have a tow notice applied to it. A pretow warning notice shall be sent to the registered owner and the lien holder, if any, by both first class and certified mail. The pretow warning notice will include a description of the vehicle, the license plate and vehicle identification numbers (VIN) and notice that a hearing will be granted, if requested. If a hearing is requested, it will be granted within two (2) working days and held during normal business hours. The hearing will be conducted by the city manager or his designee.
C. If, after ten (10) days, there has been no response to the pretow warning notice, the vehicle may be towed. A posttow notice form will be sent by both first class and certified mail to the owner and the lien holder, if any, no more than ten (10) days after the vehicle was towed, and it must include a copy of the city's vehicle tow report. This notice must also include the opportunity for a posttow hearing. If a hearing is requested, it will be granted within two (2) working days and held during normal business hours. The hearing will be conducted by the city manager or his designee.
D. For vehicles that are seven (7) years old or newer, the police department shall also send a second posttow notice by both first class and certified mail to the owner and the lien holder, if any. This notice must be sent no less than ten (10) days prior to the vehicle being sold at public auction or otherwise disposed of.
E. Immediate towing, without prior notice, of an illegally parked or abandoned vehicle is permitted if the registered owner and lien holder cannot be located because the license plates and VIN have been removed or made illegible, the vehicle poses an immediate hazard to others, the vehicle is obstructing traffic or access to a roadway or pedestrian walkway or otherwise creates an emergency, the vehicle is discovered to be stolen, or the vehicle otherwise presents an immediate threat to the public health and safety.
F. The city shall not be liable for any damage to any vehicle which occurs as a result of the towing and storage of any vehicle under the provisions of this section. (Ord. M-21-97, 5-5-1997)