(A) Opportunity for hearing. The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the Police Department as set forth in § 74.02 above, shall be provided an opportunity for a post-tow hearing to determine the validity of the tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
(B) Nature of the hearing; appointment of Hearing Officer. The nature of the hearing and the appointment of the Hearing Officer shall be the same as set forth in § 74.04(D) and (E).
(C) Scheduling of hearings. Hearings shall take place as follows:
(1) In those instances where a vehicle has been released upon the deposit of the full payment currently owed for towing and storage charges, and the owner has properly requested a hearing, the hearing shall take place within 15 days after the release of the vehicle, unless the owner requests a later date convenient to all parties.
(2) In those instances where a vehicle remains impounded, the hearing shall take place, at the option of the owner:
(a) On the next day after an owner’s demand for the hearing, excluding Saturdays, Sundays and holidays, if such demand is made after 3:00 p.m.;
(b) On the second day following the demand, excluding Saturdays, Sundays and holidays, if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day; or
(c) Within 15 days of the request, on a date convenient to all parties, if acceptable to the owner.
(D) Conduct of hearings. The Hearing Officer shall review all evidence presented by the vehicle owner and the Police Department or other city employees and shall make a finding, based upon a preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle. The city must establish the authority by a preponderance of the evidence.
(E) Hearing decision. For each hearing, the Hearing Officer shall complete a post-tow hearing decision, shall attach the decision to the Police Department’s original vehicle towing report, and shall supply a copy of the decision to the owner by personal delivery, if the owner is present, or by mail, if the owner isn’t present. The decision and findings shall be substantially as stated in the form for a post-tow hearing decision, set forth in § 74.09 below.
(F) Retention of reports and documents; contesting decisions. All originals and copies of notices, post-tow hearing decisions, towing reports and any associated police reports or documents shall be retained by the Police Department for a period of at least five years after each hearing, or after each tow if no hearing was requested or held. The city or the owner may contest the decision of the Hearing Officer in any manner provided by law.
(G) Compliance with chapter. Notwithstanding any other ordinance or statutory provision to the contrary, any towing service operator authorized to perform tows on behalf of the city must perform its services subject to the provisions of this chapter. However, the towing company shall have the right to recover the reasonable value of its services for police-ordered tows, which are not paid by the vehicle owner, from the city. However, if a tow or the charge for a tow is found to be illegal and the towing service operator is required to return the charge for the tow to the owner of the vehicle, the city shall not be liable to reimburse the operator for the towing charges.
(2000 Code, § 10.36.060)