(a) An owner whose vehicle is towed, impounded, and/or immobilized. as a result of failure to pay civil penalties may do any of the following:
(1) Pay the outstanding civil penalties, associated fees, and costs, in accordance with instructions on the notice of liability or notice of impoundment; and/or
(2) Within 20 calendar days of receiving a notice of impoundment or, at most, 25 calendar days after the vehicle has been towed, impounded, and/or immobilized, file a written request for hearing with the Police Department or its designee. Additionally, valid hearing requests must include payment in the amount of $50.00, which shall serve as a bond for the hearing. An individual desiring a hearing must post this $50.00 bond before a hearing will be scheduled. The failure to give notice of request for hearing with bond within this time period shall constitute a waiver of the right to contest towing, impoundment, and/or immobilization. A hearing, conducted by a hearing officer, shall be held within ten business days of the city's receipt of the request for review unless the City of Portsmouth shows good cause for delay. The Police Chief or its designee will send written notice of the date, time, and place of the hearing by ordinary mail, or certified mail if the Police Chief or his/her designee desires, to the owner no later than five calendar days before the date of the hearing. The owner's failure to appear at the hearing shall be deemed to waive his or her right to contest the validity of the tow, impoundment, or immobilization.
A. The Hearing Officer shall determine whether a preponderance of evidence establishes that a vehicle was properly towed, impounded, and/or immobilized pursuant to the law. Copies of the notice of violations or citations and a signed statement from the City Auditor or designee shall be admissible and establish prima facie evidence of the facts contained therein and also create a rebuttable presumption that the towing, impoundment, or immobilization was proper and in accordance with the law. Unless the owner timely requested a hearing and prevailed at that hearing on the underlying notices of violation or citations, the owner has waived his or her right to contest the underlying notices of liability or citations at this hearing.
B. If the Hearing Officer, after consideration of the evidence, finds that the tow, impoundment, or immobilization was proper and in accordance with the law, the Hearing Officer shall uphold the tow, impoundment, and/or immobilization and condition the release of the vehicle upon payment of all fines and fees accruing thereto. If bond has been posted, said bond shall be forfeited to the City of Portsmouth. Any fines or fees shall be ordered to be paid by the owner of the vehicle to the City of Portsmouth. Where the Hearing Officer finds that the tow, impoundment or immobilization was not proper and in accordance with the law, an order releasing the vehicle shall be entered, the bond shall be returned to the owner, and the owner shall not be liable for the tow or storage fees. The City of Portsmouth or its designee shall mail the owner a copy of the Hearing Officer's order within ten days from the date of the hearing.
C. All hearings are open to the public.
D. Storage fees for towed, impounded, or immobilized vehicles shall continue to accrue during the pendency of the appeal.
E. All decisions of the Hearing Officer shall be final except as subject to court review. Unless prohibited by law, the City of Portsmouth may seek judicial review of decisions by the Hearing Officer.
F. Presentation of an order of release at the place of impoundment shall entitle the owner or lessee presenting the release to obtain possession of the vehicle. (Ord. 2014-46. Passed 11-10-14.)