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When a vehicle is towed or impounded under the provisions of this title, the department shall maintain a record of the vehicle, including sufficient identifying information, the date and hour of towing, location towed from, impoundment or towing destination, person performing the towing, reason for towing or impoundment and the name of the peace officer authorizing the tow or impoundment. (1994 Code)
A. The owner, lien holder of record, or a person claiming rightful possession may object and request an evidentiary hearing to a towing, impoundment and/or to the fees and charges assessed if a vehicle is towed and/or impounded with or without prior notice. Request for a hearing after an impoundment must be made within ten (10) days after notice of impoundment is provided by the department or shall be deemed waived.
B. The person challenging the towing, impoundment, and/or fees and charges shall be informed of the reason for the towing and/or impoundment, and a hearing shall be held without unnecessary delay before the city manager or designee.
C. The city manager or designee shall consider all relevant information offered by witnesses, including the person challenging the towing, impoundment, and/or fees and charges and shall set forth findings as to the objection and grounds for challenge. The city manager or designee shall notify the person challenging the impoundment of the decision, and the decision shall indicate whether the towing, impoundment, and/or fees and charges was appropriate.
D. If the city manager or designee finds the vehicle was improperly towed and/or impounded, the vehicle shall be released to the person challenging the towing and/or impoundment upon compliance with subsection 9-9-11A of this chapter. All costs of towing, preservation, storage and notification accruing through the fourth calendar day after the city manager’s or designee’s decision shall be paid by the city. All costs accruing thereafter shall be paid by the person challenging the impoundment prior to the vehicle’s release from impoundment. If the city manager or designee finds the vehicle was properly towed and/or impounded, but finds a fee or charge is improper, the city shall pay the improper fee or charge. (1994 Code; amd. Ord. 21-4850, 3-2-2021)
A. Owner To Present Evidence Of Identity And Pay Costs Prior To Reclaiming: Before a person may recover a vehicle which has been towed and impounded under the provisions of this title, the person shall present evidence to the department of the person's identity and right to possession of the vehicle, sign a receipt for return of the vehicle and pay the costs of towing, preservation, storage, outstanding parking tickets, notification and preliminary costs of sale unless some or all of these costs have been waived after hearing under section 9-9-10 of this chapter.
B. Right To Reclaim And Forfeiture:
1. The owner, lien holder of record or person claiming rightful possession of an impounded vehicle shall reclaim the vehicle within ten (10) days after:
b. Receipt of a vehicle release form from the city, if the receipt is issued prior to the effective date of the notice provided in subsection 9-9-1B of this chapter; or
c. The date of the decision from a hearing held pursuant to section 9-9-10 of this chapter.
2. If the owner, lien holder or known claimant does not exercise the right to reclaim an impounded vehicle within the ten (10) day reclaiming period, such person shall be deemed to have waived any right, title, claim or interest in or to the vehicle.
3. The owner, lien holder of record or known claimant of any vehicle that is not abandoned may, upon written request and payment of additional storage charges, delivered to the department prior to the expiration of the ten (10) day reclaiming period, obtain an additional period of up to fourteen (14) calendar days within which the vehicle may be reclaimed. (1994 Code; amd. Ord. 21-4850, 3-2-2021)