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)