In all other instances of a violation of this article, the chief of police or his or her designee is hereby authorized to tow away, or cause to be towed away, any vehicle on any public street, public place, or private property at any time, but the police shall first deliver or mail a notice to the registered owner and to the lawful owner or occupant of the premises where the vehicle is located and, if the vehicle is on private property, the police shall obtain a warrant for such removal. The notice shall notify the recipient of an opportunity for a pre-tow hearing to determine whether the vehicle is subject to removal from the property under the provisions of this chapter.
(A) Notice.
1. If the vehicle is on private property, notice shall be given personally to the owner or occupant of the premises or, if the owner or occupant is not available, the notice shall be left in a conspicuous spot on the premises. The notice shall provide notice of intent to tow, the statutory grounds for removal, information regarding the opportunity for hearing, the earliest date upon which the tow may occur if no hearing is requested, and the police department address and phone number.
2. Additionally, notice shall be given by placement of a sticker on the vehicle which provides notice of intent to tow, the statutory grounds for removal, information regarding the opportunity for hearing, the earliest date upon which the tow may occur if no hearing is requested, and the police department address and phone number.
3. If the registered owner of the vehicle does not reside at nor own the premises where the vehicle is located, notice shall also be sent by mail to the registered owner of the vehicle.
(B) Opportunity for hearing: The registered owner or lawful owner or occupant of the premises where the vehicle is located shall have seven (7) days from the notice's mailing date or personal delivery to request a pre-tow hearing in writing. If the recipient of the notice does not file a written request for hearing within the seven (7) day period, any hearing rights under this section will be deemed waived, and if the Vehicle is on private property, the police may immediately apply to the circuit court for a warrant to tow the Vehicle from the property.
(C) Scheduling of pre-tow hearings: In the event that a pre-tow hearing is requested as provided herein, the removal shall be delayed until the next scheduled hearing date of the city's administrative hearing officer, at which time the administrative hearing officer shall conduct a hearing as hereinafter provided to determine whether grounds exist for removal. If the administrative hearing officer rinds that grounds exist for removal, the vehicle may be immediately removed.
(D) Nature of hearing: The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any nuisance citation issued pursuant to the vehicle. After receiving all relevant evidence, the administrative hearing officer shall make a decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or this chapter.
(E) Decision to tow: If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the administrative hearing officer shall direct that the vehicle be towed from the premises.
(F) Decision not to tow: If the preponderance of the evidence fails to support towing of the vehicle, the administrative hearing officer shall direct that the vehicle not be towed. The city shall tow no vehicle about which such a decision has been rendered unless the circumstances under which the decision was rendered subsequently changes. If, pursuant to altered circumstances, the city determines removal of the vehicle is necessary, it shall follow the same procedures set forth in this section. (Ord. 17-18, 10-2-2017)