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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)
The police department or public services department shall immediately impound, in a proper place of storage in the city, all vehicles found within the city that are improperly registered, stolen, or bear defaced vehicle identification numbers. Thereafter, the police department shall, within forty eight (48) hours, notify in writing the motor vehicle division of the Utah state tax commission of such impoundment, including the date found, the address where found, the vehicle make, vehicle identification number, registration number, and the date and place of storage. (Ord. 43-98 § 4, 1998: Ord. 70-82 § 1, 1982: prior code § 46-20-284.e)
A vehicle which has been determined to be an abandoned and an inoperable vehicle, as provided by the provisions of section 41-1-79.5, Utah Code Annotated, 1953, or any successor statute, is declared to be a nuisance and may be summarily abated by removing the same under the direction or at the request of a police officer or parking enforcement officer of the city to a scheduled place of disposal within the city by means of towing or otherwise. Any such vehicle may be converted into scrap or otherwise disposed of. (Ord. 43-98 § 4, 1998: Ord. 70-82 § 1, 1982: prior code § 46-20-284.f)
Before the owner, or the owner's agent or the lienholder of record shall be permitted to remove a vehicle which has been impounded, the owner shall:
A. Furnish satisfactory evidence to the police department of his/her identity and his/her ownership or interest in said vehicle;
B. 1. Request and obtain from the police department or the hearing officer, a written order of release directed to the place of vehicle storage, or to the parking enforcement office if the vehicle has been immobilized. Said order of release shall be issued to the owner or owner's agent or to the lienholder of record, upon:
a. The payment of the towing fee, costs of the immobilizing device, storage fees, and any other costs reasonably incurred from the date of such impounding or immobilization to the time of obtaining the order of release, or
b. Obtaining a waiver of fees after successfully petitioning the city to release the vehicle, without requirement of payment of impound, immobilizing or other costs and fees, or a reduction in said fees and costs, as provided in section 12.96.090 of this chapter, or its successor;
2. In the event a vehicle is not retrieved from the place of storage within twenty four (24) hours after a vehicle release has been issued, or within twenty four (24) hours of having been issued a waiver of fees by a hearing examiner, the owner shall be liable for all subsequent storage fees;
C. Sign a written receipt of said vehicle and deliver the same to the place of storage upon receiving the impounded vehicle. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.d, 46-26-319)