§ 74.07 FORM FOR POST-TOW NOTICE AND SIGNS.

   (A)   The following form shall be utilized in the administration of §§ 74.05 and 74.06 above for posting in towing establishments and for mailing or delivering to owners:

NOTICE OF VEHICLE RELEASE REQUIREMENTS AND HEARING RIGHTS

   Before the owner or person entitled to possession of any impounded vehicle shall be permitted to remove the same from custody of the Police Department or towing service operator, he shall furnish evidence of his identity and ownership of the vehicle and right of possession thereto, shall sign a receipt for the vehicle, and shall pay a fee not exceeding $ _____ and for a truck or commercial vehicle, to cover the cost of towing or removal to a vehicle pound or authorized garage, and, in addition thereto, the cost of storage, not exceeding $ ______ per day for a passenger vehicle of not more than seven passengers, and $ ______ per day for a truck or commercial vehicle.

   However, higher fees may necessarily be charged in particularly difficult or unusual towing or storage circumstances, for which rate information is available upon request at the Police Department or towing business location. If the owner or person entitled to possession wishes to contest the validity of the tow, he may obtain a hearing under the conditions of either paragraph (A) or (B) stated below:

TO OBTAIN HEARING

   (A)   If the vehicle has been released, he may, within fifteen days of the release of the vehicle or the mailing or personal delivery to him of the notification of the tow, whichever occurs first, request a hearing by contacting in person the office of (Name of office, address and phone number) Anyone residing more than fifty miles away from the City of Oak Forest may make a request for a hearing by mail. The right to any hearing will be deemed waived unless a written request for hearing is received by the above office within the applicable fifteen-day period.

   (B)   If the vehicle is still impounded, he may contact the above officer and obtain a hearing within the next day after the request, excluding Saturdays, Sundays and holidays, unless the request is made after 3:00 p.m., or unless there are particular difficulties in having the hearing on the next day, in which case the hearing will take place on the second day thereafter, excluding weekends and holidays.

NATURE OF HEARING

   (A)   The hearing shall be conducted according to municipal ordinance provisions and shall determine the validity of the impounding of the vehicle and the imposition or refund of any towing or storage charges, but the hearing will not determine or adjudicate any citations issued. If the Hearing Officer sustains the validity of the tow and storage, the owner or person entitled to possession will be required to pay all unpaid towing and storage fees before obtaining the release of the vehicle.

   (B)   The following form shall be utilized in the administration of §§ 74.05 and 74.06 for the mailing or delivery of post-tow notices to owners, including the form set forth in division (A) above:

Post-Tow Incident Report No.

No.   ___________________

To:   _________________________________________ (name)

   _________________________________________ (address)

Date of certified or registered mailing:

_______________________________

or

Date and time of and name of person making personal delivery:

____________________________________________________

(make) ________________________ (model/year) ____________________________________________

(other identifying features) ______________________________________

(license plate number and state) __________________________________

which is impounded at: _________________________________________(name and address of towing service operator or municipal auto pound)

   The vehicle was towed from (location) ______________ on _______________ (date) by the authority of the municipality of Oak Forest, as an unlawful or hazardous vehicle, to wit:

(facts forming basis of tow)

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

as defined in: ___________________________________________________ (ordinance or statutory section)

   The towing was authorized by (ordinance or statutory section ) which provides that:__________________ __________________________________________________________________________________________ ___________________________________________________________________________________________

   You have the rights and payment obligations as set forth in the enclosed notice of vehicle release requirements and hearing rights.

(2000 Code, § 10.36.070)