A. Request for Hearing: An owner who disputes the appropriateness of the towing and impoundment of the vehicle or trailer may request a hearing with the Hearing Officer. The hearing request must include a petition containing the following information:
1. License plate number, make, model, and year of vehicle or trailer;
2. Date of tow;
3. Name of tow company that performed tow;
4. Owner's name, address, and phone number; and
5. Summary of why the owner alleges the towing or impoundment was unlawful.
B. Time Limit for Filing: The request for hearing must be filed in writing with the City Clerk within ten (10) days of the mailing of the notice of tow.
C. Scheduled Hearing: A hearing will be scheduled with the Hearing Officer within forty-eight (48) hours of receipt of the request for hearing, excluding weekends and holidays. An owner shall have a maximum of thirty (30) minutes to present argument in support of their petition at the scheduled hearing.
D. Authority of Hearing Officer: The Hearing Officer shall only determine whether there is probable cause that the towing and impoundment was proper and whether there is probable cause that associated towing and storage fees were proper. The Hearing Officer shall not have the authority to determine the appropriateness of the parking infractions, or other law violations, which resulted in the towing of the vehicle.
E. Findings of Hearing Officer:. If the Hearing Officer finds that the impoundment and associated fees were appropriate and the fines and towing and storage fees have not been paid, the findings of the Hearing Officer shall include a notice to the towing company that the fines and fees must be paid before the release of the vehicle to the owner. If the Hearing Officer finds that the impoundment and associated fees were not appropriate, the findings shall include a notice setting forth an appropriate remedy, up to and including release of the vehicle to the owner.
F. Hearing Fees: The City may charge a fee to an owner that petitions for a hearing pursuant to this section for the costs incurred by the City in receiving, processing, considering, and deciding petitions challenging a tow or impoundment of a vehicle under this section. These costs will include costs for employee time and attorney fees incurred by the City, as well as any other costs actually incurred by the City related to receiving, processing, considering, and deciding the petition.
G. Hearing Officer Designated: Unless another official, board, or committee is designated by the City Council, the Mayor shall serve as the Hearing Officer pursuant to this Chapter. The Hearing Officer shall not be the same person who directed the towing or storage of the vehicle. (Ord. 2022-10-7, 10-10-2022)