(A) For any vehicle having at least three parking violations issued under this section, each of which have not been appealed and remain unpaid 40 or more days after the date of issuance, the city or its designee will issue a notice to the vehicle's owner that the vehicle is eligible for a wheel boot or vehicle restraint until the outstanding parking violation amounts are paid. The notice will also provide the registered owner with ten days to pay outstanding amounts due. If the vehicle is found parked in a public place after expiration of the ten-day warning period, the vehicle is subject to being booted or restrained by the Noblesville Police Department or a third party enforcement company until such time as all outstanding fines and fees are paid in full. In addition, there will be a $25 fee for the removal of the boot or vehicle restraint. It is the discretion of the Chief of Police to have motorcycles and/or any other vehicles towed to safe storage in lieu of using restraints. The vehicle will be released only after payment of all outstanding fines, fees, and any costs incurred for the towing and storage of the vehicle.
(B) Violators or registered owners who wish to appeal the imposition of fines and fees paid under this provision may, after paying all outstanding fines and fees (including the restraint removal fee, towing fee, and storage fees, if any), file an appeal with the Noblesville City Court seeking to challenge the fees related to towing, storage, or the installation of the boot or restraint only. Violators or registered owners are unable to appeal the fines for the underlying parking violations under this provision. Appeals must be filed with the City Court Clerk within 15 days of submitting payment to the city for fines and fees imposed under this provision. The appeal shall be docketed in the Noblesville City Court, and the City Court will promptly set a hearing on the appeal.
(Ord. 67-09-21, passed 9-28-21)