(a) Any law enforcement officer or parking control officer of the City of Keyser may immobilize any vehicle constituting a public nuisance pursuant to the provisions of this article by installing on or attaching to such vehicle a device designated to restrict the normal movement of said vehicle.
(b) At the time that such device is installed or attached, there shall be affixed to said vehicle a notice of immobilization containing the following information:
(1) The date and time that the notice of immobilization was affixed;
(2) The name of the officer or parking control officer who installed or attached said device;
(3) A statement that the vehicle constitutes a public nuisance under the provisions of this article and has been immobilized by the City of Keyser;
(4) A statement that the vehicle may be released from such immobilization upon payment in full of all unpaid parking violations, penalties, fees, increases resulting from the issuance of notices of parking infractions for which response has not been made or for which payment has not been made, plus the additional sum of a $50.00 immobilization fee;
(5) A statement that if the registered owner of the vehicle desires to contest the immobilization the registered owner may file a petition for relief from the failure to respond to any notices of parking infraction within 10 days of the date of immobilization and may obtain a release of the immobilized vehicle by posting a cash bond in an amount that is equal to all outstanding penalties, fines, cost and immobilization fees;
(6) A statement advising that in the event the individual fails to take action and make payment in accordance with the provisions set forth in subsection (b)(4) and (5) hereof are not performed within 72 hours of the date and time of such notice, the vehicle will be placed in the custody of a registered tow truck operator and impounded until payment is made, including the cost of towing and impounding;
(7) A warning that removing or attempting to remove the immobilization device before release is obtained is unlawful and may damage the vehicle;
(8) The address and telephone number and office hours where additional information can be obtained, where payment shall be made, and where arrangements can be made for the release of the immobilization device;
(9) In the event a cash bond is posted with the Office of the City Administrator in accordance with subsection (b)(5) hereof and the individual shall fail to make a written request for a hearing for relief within 10 days then such cash bond shall be forfeited.
(c) Parking restrictions otherwise provided under the codified ordinances of the City of Keyser and the laws of the State of West Virginia shall not apply to any vehicle during the time of immobilization. (Ord. 273. Passed 10-27-08.)