(A) Mailing or delivery of notice. Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the police officer making the delivery shall be noted in the Police Department records or reports. The notice shall be in the forms provided in Appendix A, § 1(A) and (B), of this chapter and shall be mailed or delivered within 24 hours of the tow, as provided in § 90.31(B) of this chapter. In the event that the municipality has towed an out-of-state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the Secretary of State of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished.
(B) Posting of signs showing hearing rights. All approved towing service operators shall prominently post at least one sign, with dimensions of at least 12 inches by 18 inches, indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle. The sign, the form for which is set out in Appendix A, § 1(A), of this chapter, shall be placed in locations readily visible to the public transacting business at any towing facility. If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which shall be substantially similar to the form set out in Appendix A, § 1(A), of this chapter.
(C) Requests for post-tow hearings. Requests for hearings may be made in person at the office indicated on the notice within 15 days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first otherwise, the right to a hearing shall be deemed waived. Requests for hearings by persons who reside more than 50 miles from the municipality may be made in person or by mail received by the municipality within the 15-day period.
(D) Release of motor vehicles. Before the owner or person entitled to possession of any impounded vehicle shall be permitted to remove same, the owner or other person entitled to possession shall furnish evidence of his or her identity, ownership of the vehicle or his or her right to possession, sign a receipt for the vehicle, and pay the amount currently owed for towing and storage fees to the towing service operator. The Police Chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.
(E) Establishment of maximum towing and storage rates. The owner shall pay fees to the towing service operator for towing and storage on police-ordered tows at rates that do not exceed maximum amounts to be administratively established by the Chief of Police and which may be revised from time to time.
(1) The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements set forth in Appendix A, § 1(A), of this chapter. However, nothing in this subchapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police-ordered or any other tows.
(2) In arriving at the maximum rates for various services, the Chief shall consider such matters as the prevalent market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations.
(3) For particularly difficult or unusual towing jobs, such as large or serious accidents, the Chief is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man-hours and equipment time required for the job.
(4) A towing service operator must fully itemize in writing the details of such a billing at special rates for a particularly difficult or unusual tow, and supply a copy of the itemized bill to the owner and to the Police Department. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided.
(5) Every towing service operator and the Police Department shall have available a copy of the complete current rate schedule and any special rate policy established by the Chief, for vehicle owners to view upon request.
(Prior Code, § 90.29) (Ord. 85-O-1183, passed 7-3-1985)