(A) At the time the owner or other person authorized by the owner to claim the motor vehicle attempts to claim an impounded motor vehicle, the person shall be advised that he or she may have the propriety of the impoundment reviewed immediately by a person designated by the Police Chief and that this decision may be appealed to the City Attorney.
(B) The person challenging the impoundment shall be entitled to present witnesses and documentary evidence in support of his position. The person designated by the Police Chief to hear the case shall immediately investigate the matter if further investigation is indicated and make a prompt written report following the conclusion of the hearing stating the basis for a decision within 48 hours of the hearing.
(C) All impounding charges must be paid prior to the release of an impounded motor vehicle except in those instances where the hearing officer is unable to make an immediate decision. Impounded motor vehicles shall be released on payment of the city rate (show-up fee) pending a decision of the hearing officer where a hearing officer must conduct a further investigation or is otherwise unable to make an immediate decision in the hearing. The owner of the motor vehicle shall have 72 hours after notice by certified mail of the decision to pay any assessed impounding fees. If assessed impounding fees are not paid within 72 hours, the motor vehicle shall become subject to immediate impoundment and to additional impounding charges without further notice.
(D) An adverse decision may be appealed by filing a written statement with the City Attorney within ten days of the adverse decision. The City Attorney shall render a decision within 30 days of receipt of the claim. The only issue to be considered at the hearing or on appeal shall be the correctness of the impoundment of the motor vehicle. Any question of the merits of any traffic citation issued concurrently with or underlying the impoundment of the motor vehicle shall not be considered.
('83 Code, § 70.44) (Ord. 0-9-82, passed 6-7-82; Am. Ord. O-19-99, passed 9-20-99)