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Upon calling for the impoundment of any vehicle under the provisions of this chapter, the impounding officer shall notify the police department of the make, model, vehicle identification number, and license number of the vehicle being impounded and the date, time and location of the vehicle at the time of impoundment. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(1), 46-26-317(1))
Written notice that the vehicle has been impounded shall be sent by certified mail to the owner of record, and any recorded lienholder of the vehicle, as shown by the records of the motor vehicle division of the Utah state tax commission at the last known address as shown on said department's records, within five (5) days, excluding weekends and holidays, of the impoundment of the vehicle. If the registration on the vehicle is from another state, a notice shall be transmitted to the department of motor vehicles in such state, requesting such department to furnish the city with the name and address of the last known registered owner and any lienholder of record. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(2), 46-26-317(2))
The notice described in section 12.96.040 of this chapter, or its successor, shall inform the owner of the vehicle:
A. That the vehicle has been impounded, the location of the vehicle, that impound and storage fees have been assessed and are accruing on a daily basis, and how the vehicle may be claimed;
B. Of the owner's right to an administrative hearing to determine whether there was probable cause to impound the vehicle upon filing a written request with the office of the treasurer for such a hearing within ten (10) business days after the owner has learned of the impound of such vehicle, or within ten (10) business days after mailing of the date set in the notice, whichever occurs first;
C. That the vehicle shall be sold at public auction, as provided by the ordinances of the city, if the vehicle is not claimed by the owner or the lienholder of record prior to such auction. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(3), 46-26-317(3))
A. If at the expiration of fifteen (15) days after mailing written notice provided for herein such vehicle is not redeemed by the owner or owner's agent, the director of public services or her or his designee shall proceed to sell the same at public auction, provided that notice of the auction is published not less than seven (7) days prior to such auction in a newspaper distributed in Salt Lake County.
B. The notice shall state:
1. The time and place of such auction;
2. Describe the vehicle to be sold with reasonable certainty;
3. The name (if any) shown as owner on the records of the vehicle division of the state tax commission. If the name of the owner is unknown, such fact shall be stated.
C. In addition, a copy of this notice, as published, shall be delivered to the owner of the place of storage.
D. The director of public services or her or his designee may accept or reject all bids for such vehicle but, upon acceptance, the vehicle must be sold to the highest bidder. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(4), 46-26-317(4))
A. The money received from the sale of any such vehicle shall be applied first to all outstanding fees assessed to said vehicle under section 12.96.025 of this chapter or its successor, then to pay the actual costs of advertising the notice of sale and of auctioning the vehicle, and the balance, if any, shall then be paid into the city treasury.
B. At any time within one year from and after such sale, the former owner of the vehicle sold, or recorded lienholder, upon application to the mayor and upon presentation of satisfactory proof that he or she was the owner or lienholder of record of the vehicle sold, shall be paid the proceeds of such sale less the necessary expenses incurred as identified above. The check shall be made payable jointly to the owner and any recorded lienholder. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(5), 46-26-317(5))
The police department or the department charged with enforcement of parking laws shall keep a record for three (3) years from date of sale of all vehicles impounded, by manufacturer's name or make, body type, identification number and license number. It shall also keep records of the names and addresses of all persons claiming the same, together with such other descriptive matter as may identify such vehicles, the nature and circumstances of the impounding thereof, the violation for which such vehicles were impounded, the date of such impounding, and the name and address of any person to whom any such vehicle was released. (Ord. 89-99 § 3, 1999: Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(6), 46-25-317(6))
A. A hearing requested pursuant to this chapter shall be conducted before a hearing examiner designated by the city within forty eight (48) hours of receipt of a written demand for such hearing, Saturdays, Sundays and city holidays excepted, unless such person waives the right to a speedy hearing.
B. The hearing proceedings shall be conducted in an informal manner and shall not be bound by the formal rules of evidence or procedure. The vehicle owner or the owner's agent shall be accorded the essential elements of due process of law, including notice, and an opportunity to be heard and defend the owner's position.
C. The hearing examiner shall determine whether the city had probable cause, pursuant to city, state and federal laws, to impound or immobilize the vehicle in question.
D. The hearing examiner shall determine whether, in appropriate cases, fees and charges should be reduced in the interest of justice. In the event that the hearing examiner determines that the vehicle should be released without fees or with a reduction in fees, the hearing examiner shall prepare and date a written waiver of such fees. Copies of the waiver shall be furnished to the vehicle owner or owner's agent and the police department. The vehicle shall then be released to the owner or the owner's agent, in accordance with the terms of said waiver, or a voucher shall be authorized to reimburse the owner or owner's agent for fees paid to recover the vehicle from impound or immobilization. If the hearing examiner determines that the impound or immobilization was justified pursuant to city and state law, the owner or agent shall be responsible for the impound and storage or immobilization fees accrued and accruing on the vehicle.
E. At the conclusion of the hearing, the hearing examiner shall prepare a written decision and a copy of such decision shall be provided to the person requesting the hearing. The decision of the hearing examiner shall be final. Failure of the registered or legal owner, or the owner's agent, to request or attend such a scheduled postseizure or postimmobilization hearing shall be deemed a waiver of the right to such hearing. (Ord. 43-13, 2013)
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